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MORTON'S MANUAL. 



THE PRINCIPLES 



OF 



Civil Government 



IN 



THE UNITED STATES 



AND 



STATE OF KENTUCKY. 



THOMAS B. FOED. 

ft 



PUBLISHED BY 

JOHN P. MORTON AND COMPANYf 

LOUISVILLE, KENTUCKY. 






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COPYRIGHTED BY 

JOHN P. MORTON AND COMPANYo 

1892 



Eledrotyped 
BY ROBERT ROWELL, 

LOUISVILLE, KY. 



PEEFAOE, 



We present this revised edition of Morton's Manual to the 
public, highly gratified with its former unprecedented success, 
and confident of its future usefulness. 

Every citizen should especially understand the government 
of his own State. This is perhaps more important than a 
knowledge of the National Government. We think that each 
State should teach its own peculiar laws to its people. This is 
deemed necessary in order to make them good citizens. They 
should understand particularly the duties of their County and 
State officials. 

Morton's Manual has been prepared with this aim in view. 
It is essentially a Kentucky book, and is intended particularly 
for our ow^n Commonwealth, but at the same time may be 
studied profitably by others. 

Its simplicity renders it easy to be taught and understood. 
This is one reason why it has been so exceedingly popular. 

The new Constitution, recently adopted, is one of the feat- 
ures of this revised edition, and the text of the work has been 
made to conform thereto. A short chapter on political parties 
has also been added. 

Certain words and phrases in the text are emphasized by 
being put in Antique type. This is done for the purpose of 
assisting the teacher in framing questions upon the text. 
The device will also aid the pupil in forming his answers to the 
printed questions found at the end of the work. These ques- 
tions ought to be used mainly for reviews, and the pupil ought 
to be required to frame complete sentences in answering them. 



(3) 



0OE"TEKTS. 



PAGE. 

Chapter I. — Of Civil Government Generally, ..... 5 

Chapter II. — County Districts, 8 

Chapter III.— Of County Officers, 12 

Chapter IV. — Courts, 18 

Chapter V. — The Legislature, 22 

Chapter VI. — Officers of the State, 25 

Chapter VII. — The Constitution of Kentucky, .... 32 

Chapter VIII. — Juries, Trials, and Judgments, .... 39 

Chapter IX. — Ee venue and Taxation, 42 

Chapter X. — Government of Cities, 44 

Chapter XL — Charitable Institutions, 45 

Chapter XII. — Federal Courts, 47 

Chapter XIII. — Executive Department of the U. S., . 51 

Chapter XIV. — Congress, 57 

Chapter XV. — Revenue of the United States, .... 59 

Chapter XVI. — Crimes and Punishments, 60 

Chapter XVII. — Political Parties, 65 

Constitution of Kentucky, . . . ., 74 

Constitution of the United States, 116 



i-i) 



1 



CHAPTER I. 

OF CIVIL GOVEKNMENT GENEKALLY. 

Civil Government is that authority by which a State 
or a Nation is ruled. It is established to preserve and keep 
society in order. 

The foundations of society are the wants and fears of 
individuals.* 

The notion of an actually existing unconnected state of 
nature is too wild to be seriously admitted ; and, beside, it is 
plainly contradictory to the revealed accounts of the primitive 
origin of mankind and their preservation two thousand years 
afterward, both of which were effected by means of single 
families. These formed the first natural society among them- 
selves, which, every day extending its limits, laid the first though 
imperfect rudiments of civil or political society.* 

It is the sense of their weakness and imperfections 
that keeps mankind together, that demonstrates the neces- 
sity of this union, and that therefore is the solid and nat- 
ural foundation as well as the cement of civilized society. 
And this is what we mean by the original contract of society.* 

The whole should protect all its parts, and every part should 
pay obedience to the will of the whole, or, in other words, the 
community should guard the rights of each individual 
member, and (in return for this protection) each individual 
should submit to the laws of the community, without 
which submission of all, it is impossible that protection 
should certainly be extended to any.* 

When civil society is once formed, government at the 
same time results of course as necessary to preserve and keep 
that society in order.* 

* Blackstone- 

(5) 



6 



MORTONS MANUAL. 



Unless some superior be constituted, whose commands and 
decisions all the members are bound to obey, they ^vould still 
remain in a state of nature, without any judge upon earth 
to define their several rights and redress their several wrongs.* 

Forms of Government. — There are but three regular 
forms of government, viz : A Monarchy, an Aristocracy, 
and a Democracy. 

In a Monarchy the government is intrusted to the hands 
of a single person. 

In an Aristocracy it is lodged in a council composed of 
select members. 

In a pure Democracy it is vested in an aggregate assem- 
bly consisting of all the free members of the commonwealth. 

An Absolute Monarchy is a government in which the su- 
preme ruler governs according to his own will and is not 
controlled by any established laws. 

A Limited Monarchy is a government in which the su- 
preme ruler is restricted by laws made by representatives 
chosen by the people. 

A Republic is a government in which the authority is 
exercised by representatives of the people. 

The difference between a Democracy and a Republic is, that 
in the former the people themselves rule, and in the latter 
the representatives of the people. A pure Democracy exists 
only in a country where all the people can assemble together 
and make laws. A Republic may be either an Aristocracy or 
a Democracy. 

Our Government, which is a representative Democ- 
racy, is divided into three distinct branches or departments, 
viz: the Legislative, the Executive, and the Judicial. 

The Legislative department makes the laws. 

The Executive enforces the laws. 

The Judicial interprets the laws. 

These departments will be described in detail in succeeding 
chapters. 



* Blackstone. 



^1 



OF CIVIL GOVERNMENT GENERALLY. 7 

The United States.— The United States is composed of 
numerous States. It has a Constitution defining the 
rights and powers of the National Government. All ' ' the 
powers not delegated to the United States by the Consti- 
tution, nor prohibited by it to the States, are reserved to 
the States respectively or to the people." 

The Constitution may properly be called the *' foundation 
stone ' ' of the Government of the United States. Neither the 
Congress* nor the Legislature* of any State can pass any 
law contravening or opposing it. 

A Statef is one of the commonwealths or bodies pol- 
itic, the people of which commonwealths make up the body of 
the nation: it is composed of counties. 

Each State has also a Constitution of its own. Its oper- 
ations are confined to the boundaries of the State, and the Legis- 
lature thereof can not pass any law in violation of it. It de- 
fines the rights and powers of the State Government. 

The National Constitution binds the people of the nation. 

The State Constitution binds only the people of the State. 

The United States has its own laws and officials. 

Each State has also its own laws and officials. 

A County is a particular portion of a State separated 
from the rest of the territory for certain purposes in the admin- 
istration of the affairs of the State government. 

The Civil Governments of all the States are very similar 
in character, the laws of each being much alike. A familiar- 
ity with the government of one State will give the student a 
very good idea of all. 

*See pages 22 and 57. 

fThat portion of our national domain not organized as States is divided into 
districts called Territories. The government of a Territory is similar to that of a 
State. 



CHAPTER II. 



COUNTY DISTKICTS. 



in Kentucky each County is divided into Road, School, 
and Magisterial Districts.* 

Road Districts. — Roads are a necessity, and are 

essential to the prosperity of any community. 

It is the duty of every government to provide for* mak- 
ing roads and keeping them in repair. 

In this State the County Courts f of each county are 
authorized by law to open and keep in repair public roads 
whenever it is necessary. 

Before a new road can be opened, or an old one discontinued 
or altered, due notice must be given to all persons inter- 
ested. Two or more suitable persons, called " Viewers," are 
appointed by the County Court to view the ground and report 
to the court. The court may then, upon this report and 
other evidence, determine w^hether the road shall be estab- 
lished, altered, or discontinued. 

A writ to assess damages to land through which it is pro- 
posed for the road, or the alteration of the road, to run, may 
be issued by the court, and a jury may assess the damages, 
which may be paid out of the county levy. But the court 
may decree that the damages shall be paid by the person or 
persons applying for the road. No road shall be ordered to be 
opened through any town lot, orchard, burying-ground, 
building, or yard without the consent of the owner. 

Roads shall be opened thirty feet wide, or, near a town, 
fifty feet wide. 

Any person who willfully obstructs a road in any way shall 
be liable to pay a fine. 

The County Court shall divide all the roads in the county 
into precincts, and appoint a surveyor in each precinct, who is 



(8) 



* In some States called " Townships." 

t See page 18 for definition of County Court. 



COUNTY DISTRICTS. 9 

required to keep the road in order. In some counties a 
Road Tax is levied, and Road Precincts thereby altered or 
abolished. 

A surveyor is not allowed to resign under two years, 
unless he remove from the precinct. 

All male persons, over sixteen and under fifty years 
of age, who are able to labor, except licensed ministers of the 
gospel, shall be assigned to work on some road, and shall be 
liable to pay a fine upon failure to attend and work on the 
road, after being notified by the Surveyor. 

The Surveyor may impress, by warrant from a justice of 
the peace, any wagon, plow, draught horse, oxen, gear, 
and driver in the precinct as may be necessary for the making, 
altering, or repairing of the road, for which the Fiscal 
Court ^ shall allow a reasonable compensation. 

Surveyors of roads receive no pay for their services. 

Turnpike roads are built by corporations, under charters. 
The corporation may acquire the land over which the road is to 
run by purchase, or by a writ to assess damages, as in 
the case of public roads. • The law regulates the tolls and 
manner of travel upon the roads. 

School Districts.— Education is of the highest consid- 
eration, and is indispensable to every government. 

School Districts are established in each county by the 
County Superintendent of Common Schools, f 

No district shall include more than one hundred chil- 
dren, between the ages of six and twenty years, unless it 
contains a town or village within its limits. 

The School Fund is derived from taxes levied upon all 
the real and personal property in the State, and from in- 
terest on county bonds. The people of a district may levy 
an additional tax on themselves. 

Each district is under the control of three Trustees, 
elected by the qualified voters of the district. One shall be 
elected each year, for the term of three years, to fill the 

* See page 18 for definition, 
t See page 16 for definition. 



10 Morton's manual. 

place of the trustee going out of office. The Chairman of the 
Board shall be the trustee having the shortest time to 
serve. 

The Trustees of a district are a body politic. They 
have the right to levy a tax to build a new school-house, 
or to repair an old one whenever it is condemned by the 
County Superintendent; also to levy a tax for fuel for the 
school -house and for defraying other necessary ex- 
penses. 

They shall have the general control of the school dis- 
trict. They shall employ the teacher, and may remove 
him for proper cause, subject to the approval of the County 
Superintendent. They shall take the census each year of 
all the children who are permitted by law to attend the com- 
mon schools, and report the same to the County Superin- 
tendent, and they shall make a yearly report to the County 
Superintendent of the general condition of the district. For 
any neglect of duty they are liable to pay a fine and be 
removed from office. 

They receive no compensation, but the Chairman of 
the Board is exempt from service upon roads, juries, or 
in the militia. 

Magisterial Districts. — The office of Justice of the 
Peace is of ancient origin. It came to us with the com- 
mon law and with English institutions. It is a very im- 
portant office, and the duties are numerous and respon- 
sible. 

Each county is divided into Magisterial Districts : not 
lees than three nor more than eight. 

One Justice of the Peace is elected in each magisterial 
district every four years, by the qualified voters thereof. 

Each Justice of the Peace holds a regular court ^very 
three months, and may hold a called court for the trial of 
certain causes. 

He has limited jurisdiction in civil causes. He is a 
conservator of the peace in his county, and can inflict fines 



^1 



COUNTY DISTRICTS. 11 

and imprisonment for penal offenses of a certain character, 
such as riots, routs, and breaches of the peace. He can hold 
investigating trials where persons are charged with felonies 
or high crimes, and require bail. He can bind persons to 
keep the peace. 

He is also a member of the Fiscal Court, a branch of 
the County Court, which meets once a year, and at such 
other times as may be necessary, for the transaction of business. 

As the Fiscal Court, all the justices in the county 
meet to establish the county levy, to make appropria- 
tions, or to attend to such other business as may be 
legitimately brought before them. 

A Justice's fees are the comj^ensation for his services, with 
three dollars per day for attending the Fiscal Court. He 
gives a bond for the faithful discharge of his duties. 

A Constable is elected every four years in each magis- 
terial district. 

His duties are to execute all civil and criminal pro- 
cesses issued by the proper courts. He may also execute 
notices, rules, orders of court, and make arrests, and 
shall attend the Justices' Courts in his district. 

His fees are his compensation. 

He is required to give a bond for the faithful discharge 
of his duties. 



CHAPTI^Il III, 

OF COUNTY OFFICERS. 

In Kentucky, each county has a Judge of the County 
Court, a Clerk of the County Court, a Sheriff, a County At- 
torney, an Assessor, a Surveyor, a Coroner, a Superintendent 
of Common Schools, a Clerk of the Circuit Court, and a Jailer. 

Judge of the County Court. — The County Judge or 
Judge of the County Court is elected for four years. He 
is a magistrate, and has jurisdiction of both civil and crimi- 
nal causes. He holds a court four times a year, called the 
Quarterly Court, for the trial of civil causes. 

He is also a conservator of the peace within his county, 
and has all the powers of a justice of the peace in penal 
and criminal proceedings. 

He is required to take and approve the bonds of all 
county officials who are required by law to execute bond. 

He appoints guardians and administrators, and 
makes settlements with them of their accounts. 

He has power to establish justices' districts and elec- 
tion precincts in his county, and to appoint officers of elec- 
tions. 

He presides at the Fiscal Court, and calls that court 
together when he deems it necessary. 

His fees, with a yearly allowance out of the county 
levy made by the Fiscal Court, are his compensation for hi? 
services. 

He is required to execute a bond for the faithful discharge 
of his duties. 

Clerk of County Court. — A Clerk of the County Court 
is elected every four years. 

His duties are as follows, viz : 

To keep a record of all the proceedings of the County 
Court (not quarterly courts). To record all deeds or mort> 
gages properly acknowledged or proven. To issue all mar- 
(12) 



OF COUNTY OFFICERS. 13 

riage licenses in the county. To be the custodian of all 
county officers' bonds, of the assessor's books, of the poll-books 
and books of election, and of all other papers required by law 
to be recorded or kept in his office. 

His fees are the compensation for his services. He is re- 
quired to give a bond for the faithful discharge of his duties. 

Sheriff.* — The office of Sheriff is an ancient one, and was 
transmitted to us by our English ancestry. 

A Sheriff is elected every four years, but is ineligible 
to re-election or as deputy for the succeeding term. 

The duties of Sheriff are as follows, viz : 

To execute all civil and criminal processes from the 
different courts properly issued and placed in his hands ; also 
to execute notices, rules of court, and similar papers. 

He is a peace officer, and may make arrests. 

He may appoint deputies with the same powers as his own. 

He shall execute all persons condemned to be hung, and 
convey all persons to the penitentiary condemned to con- 
finement therein. 

He may command and take with him, if need be, the 
power of the county, or a part thereof, to aid him in the exe- 
cution of the duties of his office, civil or criminal. 

He shall collect the County and State taxes and pay 
over the same to the proper authorities. 

He shall attend the Circuit, County, and Quarterly Courts, 
and Fiscal Court of his county, and keep order therein. 

His fees are his compensation. 

He is required to give bond for the faithful discharge 
of his duties. 

County Attorney. — County Attorneys are elected for 
four years. 

The duties of the County Attorney are as follows, viz : 

To attend all County Courts held in his county, and 
superintend and cpnduct all cases and business in the 
courts touching the rights or interests of the county. 
*Tho Legislature can consolidate the offices of Sheriff and Jailer iu any County. 



14 



MORTON'S MANUAL. 



To give the court and the several county officers legal 
advice concerning any county business within the jurisdiction 
of any of them. 

To attend the Fiscal Court and oppose the allowance of 
all improper claims. 

To oppose the improper grant of tavern license. 

To prosecute all criminal and penal oflfenses committed in 
his county. 

To oppose the wrongful alteration or discontinuance 
of any public road. 

To institute and conduct suits, motions, and prosecu- 
tions before any of the courts of the State, in which the county 
is interested, when so directed by the County Court. 

His compensation is a per centum of all the fines and 
forfeitures recovered in his county by the Commonwealth, and 
a yearly salary allowed him by the Fiscal Court out of the 
county levy. 

Assessor.* — The Assessor is elected for four years. 

He may appoint assistants with the consent of' the 
County Court. 

He shall cause all the property in the county to be listed 
for taxation, and he shall fix a full and fair value upon all the 
estate eo listed, and enter the same in the tax-book. 

He shall, moreover, return a list of all horses, mules, and 
cattle, and their value ; of all stores, and their value ; also 
pleasure carriages and like vehicles, and gold and silver watches, 
pianos, and gold and silver plate ; also all the legal voters, and 
enrolled militia, and children between six and twenty years of 
age, residing in his county. 

He shall return to the County Court Clerk a list of all 
persons who fail or refuse to give a list of their property or 
give a false or fraudulent list ; and such persons shall be liable 
to pay a fine for such offense. 

The compensation of the Assessor is a certain commis- 
gion on the amount assessed by him. 

* The office of Assessor may be abolished by the Legislature. 



OF COUNTY OFFICERS. 15 

Upon failure to accept the oiBce after election or appoint- 
ment, he shall be fined five hundred dollars. 

He is required to give bond for the faithful discharge 
of his duties. 

Board of Supervisors.— The Board of Supervisors- 
five discreet tax -payers, citizens of the county, appointed 
by the County Court — are required to revise the list as re- 
ported by the Assessor. 

County Surveyor. — The County Surveyor is elected 
for four years. 

He may appoint a deputy. 

His duties are to execute promptly and faithfully every 
order of survey, made by any court, of lands lying in his 
county, and make out and return a true plat and certifi- 
cate thereof, accompanied by explanatory notes. If he fail 
to do so, he shall forfeit twenty dollars to the party injured, 
and be liable to an action for damages on his official bond. 

He is required to give a bond for the faithful performance 
of his duties. 

His fees are his compensation. 

Coroner. — The Coroner is elected for four years. 

His duties are to hold an inquest upon the body of any 
person slain, drowned, or otherwise suddenly killed, or where 
any house be broken. 

His jury shall be composed of six good and lawful 
housekeepers of the county, summoned and sworn by him- 
self, who, upon their oaths, shall inquire, and say in writing, 
if they know in what manner the person came to his death or 
the house to be broken ; when, where, how, and by whom, and 
who were present, ana who are culpable for the act. 

If any person by such inquest be found culpable, the Coro- 
ner shall forthwith arrest and commit such person to the 
county jail, to be dealt with according to law. 

He shall bury the person over which an inquest is held, 
or deliver him to his friends if required. 

He may execute process in criminal, penal, and civil 



16 MORTONS MANUAl.. 

cases ; and when so acting the laws in regard to sheriffs shall 
apply to and govern him.. 

He is required to give a bond for the faithful performance 
of his duties. 

His fees are his compensation. 

County Superintendent. — The County Superintend- 
ent is elected for four years. 

He shall not be eligible for election unless he shall have first 
obtained a certificate of qualification from the State Board 
of Examiners. 

His duties are as follows, viz : 

To have general supervision over the common schools 
in his county ; to lay off, alter, or abolish districts ; to con- 
demn school-houses ; to visit the schools ; to report to the 
Superintendent of Public Instruction the census of each com- 
mon school district in the county ; to draw and collect the 
public money due to his county for common school pur- 
poses; to pay the teachers in his county; to make an 
annual settlement with the County Judge; to make an 
annual report to the Superintendent of Public Instruction 
of the general condition of each common school in his county, 
including the number of pupils, the average wages of teachers, 
etc. ; to appoint two persons constituting a County Board 
of Examiners for the examination of teachers ; and to grant 
certificates of qualification to teachers. 

He is required by law to give bond for a faithful perform- 
ance of his duties. 

He is allowed an annual salary by the Fiscal Court, 
tG be paid out of the county levy. 

Clerk of Circuit Court. — A Clerk of the Circuit Court 
is elected every six years. 

His duties are to keep a record of all the orders and 
proceedings of the Circuit Court of his county ; to grant cer- 
tificates to witnesses; to administer oaths, and to per- 
form such other duties as may be legitimately required of 
him by the Judge of the Circuit Court, 



OF COUNTY OFFICERS. 17 

His fees are his compensation for his services. 

He is required to give bond for the faithful discharge of 
his duties. 

Jailer. — Every county is required to keep a secure and 
sufficient jail. 

The Jailer is elected for four years. 

His duties are to have custody of the jail, and to re- 
ceive and keep all persons in the jail who shall be lawfully 
committed thereto until they are lawfully discharged. He 
shall treat them with humanity, and furnish them with 
proper food and lodging during their confinement, and shall 
deliver such as die in jail to their friends, if requested, or 
have them decently buried at the expense of the county. 

His fees are his compensation for his services. 

He is required to give bond for the faithful discharge of 
his duties. 

Eligibility of Ofl&cers. — Each of the officers described 
in this chapter must be at least twenty-four years of age 
( except clerks of County and Circuit Courts, who shall be 
twenty-one years of age), a citizen of Kentucky, a resident 
of the State two years next preceding his election, and of 
the county one year. 

Vacancies. — A vacancy in the office of Clerk of the 
County Court, Sheriff, County Attorney, Assessor, Surveyor, 
Coroner, Superintendent of Common Schools, Jailer, and Con- 
stable is filled temporarily by the County Judge untU an 
election. 

A vacancy in the office of County Judge is filled tempo- 
rarily by the Justices of the Peace of the county until an 
election. 

A vacancy in the office of Clerk of the Circuit Court, by 
the Judge thereof until an election ; and a vacancy in the 
office of Justice of the Peace, by the Governor of the State 
until an election, 



CHAPTER IV. 

COURTS. 

County Courts. — A County Court is held monthly by 
the County Judge in each county on the days prescribed 
by law. It is a court of record. 

The County Court has power to appoint guardians, ad- 
ministrators, road surveyors, viewers, officers of elec- 
tions, to make settlements with fiduciaries, to probate 
wills, to open, alter, or discontinue roads. 

Fiscal Courts. — The Fiscal Court is a county court 
held by the Justices of the Peace in the county, and pre- 
sided over by the County Judge ; or a county may have three 
commissioners, to be elected from the county at large, who, to- 
gether with the Judge of the County Court, shall constitute 
the Fiscal Court. It has power to fix the county levy, to 
make appropriations for the benefit of the county, to pro- 
vide for the maintenance of the paupers in the county, to 
fix the salaries of the County Judge, County Attorney, and 
County Superintendent, and make appropriations there- 
for, and do such other acts as may be lawfully required. 
It meets once a year. 

Quarterly Courts.— The Quarterly Court is a court 
held every three months by the County Judge for the trial 
of civil causes. 

Justices' Courts. — Justices' Courts are courts held by 
Justices of the Peace. 

Circuit Courts.— The State is divided into districts, 
termed Judicial Circuits, in which several counties may 
be included. Circuit Courts are held in each one of these 
counties. 
(18) 



COURTS. 19 

The Circuit Court has original jurisdiction of all mat- 
ters, both in law and equity, within its county, of which 
jurisdiction is not by law exclusively delegated to some 
other tribunal, and has all power necessary to carry into 
effect the jurisdiction given. 

Special terms may be called by the Judge. Besides 
the jurisdiction in civil causes, which is not limited in amount, 
Circuit Courts have jurisdiction over high crimes and 
misdemeanors, such as murder, manslaughter, arson, rob- 
bery, etc. 

It is presided over by a Circuit Judge, who is a con- 
servator of the peace throughout the State. 

It is a court of record. 

Circuit Courts are usually held twice, and in some 
counties three times a year, and last for several days 
or weeks, according to the business. 

Officers of Circuit Court. — In each Judicial Circuit 
there is a Circuit Judge and a Commonwealth's Attorney. 

Circuit Judge. — A Judge of the Circuit Court must be 
a citizen of Kentucky; a resident of the district two 
years next preceding his election, at least thirty- five years 
of age, and must have been a practicing lawyer eight 
years, or whose service upon the bench of any court of 
record, when added to the time he may have practiced law, 
shall be equal to eight years. 

He is elected for six years by the qualified voters of his 
district. 

The Circuit Judge receives a regular salary allowed by 
law, payable monthly out of the State treasury. 

Coinm.onw^ealth's Attorney. — A Commonwealth's 
Attorney shall be elected for six years. He must be 
twenty-four years of age, a citizen of Kentucky, must 
have been a resident two years next preceding the election 
in the State, and one year in the district, and a licensed 
practicing attorney for four years. 



20 Morton's manual. 

His duties are to attend each Circuit Court held in his 
district, to prosecute all violations of the criminal and 
penal laws therein, and to discharge all other duties as- 
signed him by law. 

This office may be abolished by act of the Legislature. 

The Commonwealth's Attorney receives a regular salary, 
payable monthly out of the State treasury, and a per cen- 
tum of the fines and penalties recovered by the Common- 
wealth in each Circuit Court in his district. 

Court of Appeals. — The Court of Appeals is the high- 
est court and the court of last resort in this State. It is 
composed of not less than five nor more than seven 
judges. They represent the Appellate Districts into which 
the State is divided. 

Judge of Court of Appeals. — A Judge of the Court 
of Appeals must be a citizen of Kentucky, a resident of 
the State for five years, and a resident of the district two 
years next preceding his election, at least thirty-five years 
of age, and must have been a practicing lawyer for at 
least eight years, or w^hose service upon the bench of a Cir- 
cuit Court, or court of similar jurisdiction, when added to the 
time he may have practiced law, shall be equal to eight years. 

They are elected for eight years. They are allowed 
annual salaries, payable monthly out of the State treasury. 

Chief Justice. — The judge who presides during the 
sessions of the court is called the Chief Justice. 

Clerk. — The Clerk of the Court of Appeals is elected by 
the voters of the State every four years. 

It is his duty to keep a record of the proceedings of the 
Court. He must be a citizen of Kentucky, a resident of 
the State two years next preceding his election, and have 
a certificate of qualification from a Judge of the Court of 
Appeals. 

His fees are his compensation. 

Reporter. — The Reporter of the Court of Appeals is ap- 
pointed by the court. 



COURTS. 21 

His duties are to publish such decisions as the court 
may direct. 

He receives an annual salary, payable monthly out of the 
State treasury. 

Sergeant. — The Sergeant of the court is appointed by 
the court for four years. 

His duties are the same toward the Court of Appeals 
as required by law from a Sheriff toward a Circuit Court. 

His salary is three dollars per day for each day he at- 
tends the court. 

Miscellaneous. — Appeals may be taken to the Court of 
Appeals from the Circuit Courts under legal restrictions. The 
Court of Appeals is required to hold its sessions at the seat of 
government. 

Note. — The salaries of all public officials being generally under the super- 
vision and control of the General Assembly, and liable to frequent changes, it is 
not deemed necessary or important to state them in a work like this. 



CHAPTER V. 

THE LEGISLATUKE. 

The Legislature is the law-making power of the 
State. 

It is composed of the Senate and House of Represent- 
atives, and is known a^ the General Assembly. 

A session of the General Assembly shall not continue 
beyond sixty legislative days exclusive of Sundays and 
legal holidays. 

Senate. — The State is divided into thirty-eiglit Senato- 
rial Districts, so formed as to contain, as near as may be, an 
equal number of qualified voters. One Senator is required 
to be elected by the qualified voters of each district. 

He is elected for four years ; but the term of office is so 
arranged that one half the Senators are elected bien- 
nially. 

House of Representatives. — The House of Eepre- 
sentatives consists of one hundred members. Nearly 
every county is entitled to one Representative. But 
sometimes, on account of the population, a county or city 
is entitled to more than one Representative, and sometimes 
one member represents several counties. It depends upon 
the population and the apportionment, the ratio from time 
to time being fixed by law. Representatives are elected 
every two years. 

Qualifications of Members. — A Senator must be at 
least thirty years of age, must have resided in the State 
at least six years next preceding his election, and the last 
year thereof in the district for which he may be chosen. 

A Representative must be a citizen of Kentucky, at least 
(22) 



THE LEGISLATURE. 26 

twenty-four years of age, must have resided in the State 
at least two years next preceding his election, and the last 
year thereof in the county, town, or city for which he may 
be chosen. 

Compensation. — The members of the General Assem- 
bly receive for their services a certain amount per diem. 
It is now five dollars, but may be changed by any future 
Legislature. 

They are also entitled to mileage. 

Officers. — The Lieutenant-Governor^ of the State is ex 
officio the presiding officer or Speaker of the Senate. 

The House of Representatives elects as its Speaker one 
of its own members. 

The Clerks, Assistant Clerks, Sergeant-at-arms, and Door- 
keepers are elected by their respective Houses, and are 
paid such compensation as the General Assembly may 
decree. 

Rules of Procedure. — A quorum of each House of 
the General Assembly is a majority of the members there- 
of. Each House is the judge of the qualifications, elec- 
tions, and returns of its members; but a contested election 
is determined in such manner as is directed by law. 

Each House establishes its own rules. 

Each House is required to keep, and publish daily, a 
journal of its proceedings. 

N"either House can adjourn for more than three days, 
without the consent of the other, nor to any other place 
than that in which they are sitting. 

All bills for raising revenue must originate in the 
House of Representatives. 

The General Assembly may pass such laws as it deems 
proper for the benefit of the people, not in contravention 
of the Constitution. 

Local or special legislation by the General Assembly 

'■•' See page 26. 



24 MORTON^S MANUAL; 

is generally prohibited. A majority of all the members 
of the House and a majority of all the members of the Senate 
may pass a bill or resolution over the veto of the Governor. 

No person shall at the same time be a member of the 
General Assembly and hold any other office except that of 
Notary Public or in the militia. 



CHAPTER VI. 

OFFICERS OF THE STATE. 

AYe have already referred to the officers of the county, and 
also to the officers connected with the judiciary of the county 
and State. We will now attempt a description of the powers 
and duties of the other officers of the State. 

Governor. — The Governor is the highest executive 
officer in the Commonwealth, He is vested with the supreme 
executive power, and is known as the Chief Magistrate. 

He is elected for four years by the voters of the State. 
The person having the highest number of votes shall be 
Governor.^ 

He is ineligible for the succeeding four years after the 
expiration of the term for which he is elected. 

He shall be at least thirty- five years of age, and a 
citizen and resident of Kentucky for at least six years 
next preceding his election. 

He is Commander-in-chief of the Army and JS^avy of 
the Commonwealth, and of the militia thereof, except when 
they shall be called into the service of the United States ; but 
he shall not command personally in the field unless advised by 
a resolution of the General Assembly. 

He has power to fill certain vacancies that may occur 
by granting commissions, which shall expire when such vacan- 
cies shall be filled according to the provisions of the Constitu- 
tion. 

He has power to remit fines and forfeitures, grant re- 
prieves and pardons, except in cases of impeachment; and 
he shall file with each application therefor a statement of the 

* This rule applies to aU other elective officers. 

(25) 



26 MORTON^S MANUAL. 

reasons for his decisions thereon. He may grant reprieves 
for treason until the end of the next session of the Gen- 
eral Assembly, in which body the pardoning power for this 
crime shall be vested : but he shall have no po^A^er to remit 
the fees of the Clerk, Sheriff, or Commonw^ealth's Attorney 
in penal or criminal cases. 

He may require information, in writing, from the offi- 
cers in the executive department upon any subject relating to 
the duties of their respective offices. 

He shall, from time to time, give to the General Assembly 
information of the state of the Commonwealth, and recom- 
mend to their consideration such measures as he may 
deem expedient. 

He may, on extraordinary occasions, convene the Gen- 
eral Assembly at the Seat of Government, or at a different 
place, if the regular place of meeting shall have become, since 
their last adjournment, dangerous, from an enemy or from con- 
tagious disorders; and, in cases of disagreement between 
the two Houses with respect to the time of adjournment, he 
may adjourn them to such time as he shall think proper, not 
exceeding four months. 

He shall take care that the laws be faithfully executed. 

He may offer rewards for fugitives from justice. 

He shall at stated times receive for his services a com- 
pensation to be fixed by law. 

He may veto the acts of the General Assembly. 

Lieutenant - Governor. — The Lieutenant - Governor 
shall be chosen at every regular election for Governor, 
and in the same manner, to continue in office for the same 
time, and to possess the same qualifications as the Gov- 
ernor, and subject to the same restrictions. 

He shall be by virtue of his office Speaker of the Sen- 
ate ; have a right, when in committee of the whole, to 
debate and vote on all subjects, and, w^hen the Senate is 
equally divided, to give the casting vote. 



II 



OFFICEES OF THE STATE. 27 

Should the Governor be impeached, removed from office, 
die, refuse to qualify, resign, or be absent from the State, or 
be from any cause unable to discharge the duties of his office, 
the Lieutenant-Governor shall exercise all the powers and 
authority appertaining to the office of Governor, until 
another be duly elected and qualified, or the Governor shall 
return or be able to discharge the duties of his office. 

A President pro tempore of the Senate shall be elected by 
each Senate as soon after its organization as possible, the 
Lieutenant-Governor vacating his seat as President of the 
Senate until such election shall be made. And if, during the 
vacancy of the office of Governor, the Lieutenant-Governor 
shall be impeached and removed from office, refuse to qualify, 
resign, die, or be absent fi^om the State, the President pro 
tempore of the Senate shall in like manner administer 
the government. 

If the Lieutenant-Governor shall be called upon to admin- 
ister the government, and shall, T\^hile in such administration, 
resign, die, or be absent from the State during the recess of 
the General Assembly, if there be no President pro tem- 
pore of the Senate, it shall be the duty of the Secretary 
of State for the time being to convene the Senate for the 
purpose of choosing a President ; and until a President is 
chosen the Secretary of State shall administer the govern- 
ment. If there be no Secretary of State to perform the 
duties devolved upon him by this section, or in case that 
officer be absent from the State, then the Attorney-General 
for the time being shall convene the Senate for the pur- 
pose of choosing a President, and shall administer the 
government until a President is chosen. 

Secretary of State.— The Secretary of State shall be 
elected at the same time the Governor is elected, for 
the term of four years. His duties are to keep a fair reg- 
ister, and attest all the official ac^s of the Governor, and 
he shaU, when required, lay the same, and aU papers, min- 



28 MORTON^S MANUAL. 



utes, and vouchers relative thereto, before either House of 
the General Assembly, and shall perform such other 
duties as may be required of him by law. He may with 
the assent of the Governor appoint an assistant Secre- 
tary. 

He shall receive an annual salary, payable monthly 
out of the State treasury. 

Treasurer. — The Treasurer is elected for four years. 

His duties are to receive and safely keep in the treasury 
all moneys due or payable to the Commonwealth. 

He shall receive and pay out money from the treasury 
only upon the certificate or warrant of the Auditor, un- 
less the law under which the same may be claimed expressly 
directs and orders that the money shall be paid out of the 
public treasury. 

He shall keep true account of all money paid into the 
treasury, by whom, when, and on what account paid. 

He shall make clear, distinct, and intelligible reports of 
all money received and disbursed. 

If he does willfully misapply any of the public money, 
he is guilty of a felony. 

Auditor. — The Auditor is elected for four years. 

His duties are to keep an account of all taxes col- 
lected, a list of all balances due by the Commonwealth 
to individuals and by individuals to the Common- 
wealth, an account of all claims of debt or credit 
which may exist between the General Government and the 
State, and this State and any other State, and also keep an 
account between the Commonwealth and all her civil 
officers, whose wages or salary is payable out of the treas- 
ury; a record of the compensation to members of the 
General Assembly and the officers thereof. He shall audit 
and enter in account all other demands payable at the 
treasury, all accounts of the collection of the revenue or 
other tax or public money, and of all public debts. 



I 



OFFICERS OF THE STATE. 29 

He shall make faithful reports of the annual income 
and expenses of the Government. 

Attorney-General. — The Attorney-General is elected 
for four years. He shall have been a practicing lawyer 
eight years before his election. 

His duties are to give his opinion, in writing, to any 
executive or ministerial ofScer of the Commonwealth, when 
applied to, touching the duties of such officer ; and, when 
requested by any of the executive or State officers, to prepare 
proper drafts of contracts, obligations, or other instru- 
ments of writing w^hich may be required for public use; to 
attend in behalf of the Commonwealth to all cases in which 
she may be interested, and to institute the proper proced- 
ure to coerce payment of all demands of the Common- 
wealth, payable at the treasury, not discharged in proper 
time. 

Register of the Land OflBce. — The Register of the 
Land Office is elected for four years. This office may be 
abolished by law. 

His duties are the care and control of the Land Office. 

The Land Office contains the original patents and sur- 
veys of lands in the Commonwealth. 

Superintendent of Public Instruction.— The Su- 
perintendent of Public Instruction is elected for four years. 
He is the head of the School System in the State. 

His duties are to make report biennially, on or before 
the meeting of the General Assembly, of the condition, prog- 
ress, and prospects of the common schools ; to prepare suit- 
able blanks for reports required to be made by school 
officials; to report any neglect of duty or misappropria- 
tion of common school funds by school officers to the proper 
authorities; to have published for general distribution 
throughout the State the general school laws of the State, 
and such other important facts and data as may be of in- 
terest to the public ; to ascertain and estimate for each school 



30 Morton's manual. 

year the pro rata share of the school fund each child of 
pupil age shall be entitled to, and amount each county and 
each school district shall be entitled to, as shown by the returns 
of the County Superintendents. He is also ex officio President 
of the State Board of Education, which consists of the 
Superintendent of Public Instruction, the Attorney-Gen- 
eral, and the Secretary of State, and two professional 
teachers to be elected by them. 

The Treasurer, Auditor, Register, Commissioner of Agri- 
culture, Secretary of State, Attorney-General, and Superin- 
tendent of Public Instruction shall be at least thirty years of 
age, and citizens and residents of the State at least two years 
before the election. 

State Geologist. — The State Geologist has charge of 
the geological surveys of the State, made for the purpose 
of ascertaining the mineral resources of the Common- 
wealth. 

Commissioner of Mines.— The Commissioner of Mines 
has charge of all the mines in the State, for the purpose 
of seeing that they are properly conducted. 

Adjutant- General.-The Adjutant-General has charge 
of the militia of the State, the arms and munitions of war. 

These three officers are appointed by the Governor. 

Commissioner of Agriculture.— The Commissioner 
of Agriculture presides over the Agricultural Bureau, to 
aid and encourage that branch of industry. He is elected 
by the people for four years. 

State Librarian, — The State Librarian is elected for 
two years by the General Assembly, and has charge of 
the Public Library of the State, and is also general cus- 
todian of the Capitol, and contracts for and furnishes the 
necessary fuel and stationery to the officers of the State. 

Commissioner of Insurance. — The Commissioner of 
Insurance is appointed by and is under the general super- 
vision of the Auditor. 

His duties are to investigate the responsibility of all 



OFFICERS OF THE STATE. 3l 

insurance companies doing business in the State, and see 
that they are reliable. 

State Inspector and Examiner. — The State In- 
spector and Examiner is appointed by the Governor for 
two years. He shall once each year inspect and examine 
into the management and condition of the Auditor's and 
Treasurer's offices, and the prisons and charitable insti- 
tutions operated by the State. 

Board of Equalization. — The Board of Equalization 
consists of one member from each Appellate District, 
appointed by the Governor. They are the general 
supervisors of the State, and are required to equalize 
taxation throughout the Commonwealth. They are allowed 
five dollars a day and mileage. 

Railroad Commissioners.— These are three persons 
whose duty it is to examine into the condition, management, etc. , 
of all railroads in this State. They are elected by the people 
every four years. They are paid c^uarterly for their services. 

Salaries. — The foregoing officers are allowed annual 
salaries, payable monthly out of the State treasury, the 
Board of Equalization excepted. The General Assembly 
fixes the salaries. 

Vacancies. — The Governor, in the recess of the Senate, 
shall have power to fill vacancies in these offices by grant- 
ing commissions, which shall expire at the end of the next ses- 
sion, and shall fill the vacancy for the balance of the time or 
until the election, by and with the advice and consent of 
the Senate. 

The Treasurer, Secretary of State, Commissioner of Ag- 
riculture, Labor and Statistics, Attorney-General, and Register 
of the Land Office shall be ineligible to re-election for the 
succeeding four years after the expiration of the term for 
which they shall have been elected ; and the Auditor of Public 
Accounts shall be ineligible to re-election for the succeeding 
four years after he shall have held the office for two terms, if 
he shall have been elected for two succeedino; terms. 



CHAPTER VII. 

THE C0:NST1TUTI0N of KENTUCKY. 

A Constitution consists of the fundamental laws 

which govern a State or other organized society. 

Definition. — The Constitution of Kentucky con- 
tains the fundamental laws which govern the State. The 
General Assembly can not make any law which is in con- 
flict with the Constitution. If it should pass any act in 
violation of the Constitution, the act would be void, if the 
judiciary, which interprets the law, should so declare it, 
and the executive could not enforce it. 

Powers. — The Constitution of this State is, in substance, 
as follows, viz : It divides the powers of the Government into 
three distinct departments : the Legislative, the Executive, 
and the Judiciary.* 

General Provisions. — It provides for the organiza- 
tion and supervision of the State militia. 

The Militia ^' shall consist of all free, able-bodied male 
persons, resident in the Commonwealth, between the ages 
of eighteen and forty-five years, except such persons as may 
be exempted by the laws of the United States or of this State." 

The privilege of free suffrage shall be supported bylaws. 

Every male citizen of the United States of the age of 
twenty-one years, who has resided in the State one year 
and in the county six months, and in the precinct in which 
he offers to vote sixty days, next preceding the election, shall 
be a voter in said precinct, and not elsewhere. Not more than 
one election each year shall be held in this State, or in any 
city, town, district, or county thereof. All elections of State, 

- We have already noticed the requirements of the Constitution in referencQ 
to these different departments in the chapters devoted to them. 

(32) 



CONSTITUTION OF KENTUCKY. 33 

county, city, town, or district officers shall be held on the 
Tuesday next after the first Monday in November. 

Voters shall be privileged from arrest during their at- 
tendance at, going to, and returning from elections in all 
cases, except treason, felony, breach, or surety of the peace, or 
violation of the election laws. 

In all elections by the people, the vote shall be by 
secret official ballot. In all elections by persons in a repre- 
sentative capacity, the voting shall be viva voce. 

All elective officers of the Commonwealth shall reside 
within the State, and all district, county, or town officers 
within their respective districts, counties, or towns. The 
manner of administering an oath or affirmation shall be 
such as is most consistent with the conscience of the 
deponent. 

The Constitution requires every officer and member of 
the bar in this State, before entering upon the duties of his 
office or profession, to take an oath to support the Constitu- 
tion of the United States and the Constitution of this Com- 
monwealth, and to be faithful and true to the Commonwealth 
of Kentucky, so long as he continues a citizen thereof, and 
also, that since the adoption of the present (State) Constitu- 
tion he, being a citizen of the State, has not fought a duel 
with deadly weapons in this State, nor out of it, nor sent or 
accepted a challenge to fight a duel with deadly weapons, nor 
acted as second in carrying a challenge, or aided or assisted 
any persons thus ofiending. 

Every person convicted of having given or consented 
to the giving, offer, or promise of any money or thing 
of value to procure his election, shall be disqualified from 
holding any office of trust or profit for the term for which he 
shall have been elected. 

Any corporation that shall bribe, or offer to bribe, in 
any election, shall on conviction forfeit its charter. 

Whoever shall be convicted of a felony, or high mis- 
demeanor, shall forfeit his right to hold office. 



34 MORTON S MANUAL. 

The General Assembly shall provide suitable means for 
depriving of office any person who, to procure his nomination 
or election, has, in his canvass or election, been guilty of any 
unlawful use of money or other thing of value, or has been 
guilty of fraud, intimidation, bribery, or any other corrupt 
practice, and he shall be held responsible for acts done by 
others with his authority, or ratified by him. 

The Constitution provides for the '' Common School Fund," 
and the election of a Superintendent of Public Instruction. 

Bill of Rights. — The Bill of Rights embodies the follow- 
ing principles, viz : 

The natural freedom and equality of all men. 

The right of enjoying and defending life and liberty. 

Of worshiping God according to conscience. 

Of seeking and pursuing safety and happiness. 

Of freely communicating thoughts and opinions. 

Of acquiring and protecting property. 

Of assembling peaceably together for the common good. 

For applying to the Government for redress of grievances. 

For bearing arms in self-defense, subject to a penalty for 
carrying concealed weapons. 

There shall be no absolute or arbitrary power. 

There shall be no exclusive privileges except for public 
services. 

All power is inherent in the people. 

The people shall have the right to alter, reform, or abolish 
the government. 

No preference shall be given to any religious denomination. 

All elections shall be free and equal. 

The right of trial by jury shall be held sacred. 

In prosecutions for the publication of papers investigating 
official conduct, the truth thereof may be given in evidence. 

There shall be no unreasonable search or seizure. 

All accused persons shall have the right of a speedy trial, 
and to be heard by himself and counsel, and to meet the wit- 
nesses face to face. 



CONSTITUTION OF KENTUCKY. 35 

No person shall be twice put in jeopardy for the same 
offense. No property shall be applied to public use without 
consent and just compensation. 

All courts shall be open. 

There shall be no power to suspend the laws except by the 
General Assembly. 

All prisoners shall be bailable except for capital offenses 
when the proof is evident or the presumption great. 

^The writ of habeas carpus shall not be suspended, unless in 
case of rebellion or invasion. 

There shall be no excessive bail or cruel punishment. 

No person shall be held in prison for debt after delivering 
up his estate. 

fNo ex post facto law shall be passed. 

INo person shall be attainted of treason or felony. 

No standing army shall be maintained in time of peace 
without the consent of the General Assembly. 

The General Assembly shall grant no title of nobility. 

Emigration from the State shall not be prohibited. 

Slavery is forbidden. 

Note.— For complete BiU of Rights see Constitution. 

Mode of Revision of Constitution. — Amendments 
may be passed by three fifths of all members elected to each 
House, and the yeas and nays entered upon the journal. 

Amendments shall be submitted to voters of the State at the 
next general election, not less than ninety days from the date 
of passage. 

A majority of votes shall pass the amendments, but not 
more than two amendments shall be voted upon at one time. 

-The writ of habeas corpus is a writ, issued by a competent court, commanding 
the officer to whom it is directed to bring the person held in confinement before 
the court, so that the cause of his imprisonment may be investigated. 

fAn ex post facto law is a law "where, after an action (indifferent in itself) 
is committed, the Legislature then for the first time declares it to have been a 
crime, and inflicts a punishment upon the person who has committed it." 

I An attainder is where a person, by reason of a conviction of a felony, for- 
feits his lands and tenements, and all* his civil rights generally, being neither 
allowed to inherit nor transmit an inheritance. 



MORTON S MANUAL. 



The same amendment shall not be again submitted to the 
voters within five years after a submission. 

Proposed amendments shall be published at least ninety 
days before the election. 

New Constitution. How made. — A Convention 
must be called by an act of two General Assemblies in succcst 
sion. Then the people shall vote upon the same question at 
an election not less than ninety days from the passage of the 
act. If a majority of the votes are cast in favor of a couvcut 
tion, and if all the affirmative votes equal one fourth of all 
votes cast at the last preceding election, then the Convention 
shall be called. The Delegates shall be the same number as 
those of Representatives, and shall be elected at the next gen- 
eral election after the passage of the act calling a Convention, 
which does not occur within less than ninety days. 



I 



CHAPTER VIII. 

JUEIES, TEIALS, AND JUDGMENTS. 

Trial by Jury is one of the most ancient privileges of 
civil government. Centuries ago this mode of trial was estab- 
lished, and it has ever since been the usual mode of deter- 
mining ordinary issues in the courts. This system is a part of 
the English Code, from which our Government has obtained 
it, ''and it was ever esteemed in all countries a privilege 
of the highest and most beneficial nature." 

There are two kinds of juries, the Grand Jury and 
the Petit Jury. 

Grand Jury. — Twelve Grand Jurymen shall be sum- 
moned by the SheriflT of the county to serve on the first day of 
the term of each Circuit Court, at which penal or criminal 
prosecutions may be tried. A Gi'and Juryman must be a 
housekeeper and a citizen of the county in which he may 
be called to serve, and over twenty-one years of age. 

Every person summoned to attend as a grand juryman, if 
he fail to attend without a reasonable cause, shall be fined. 

A Grand Jury composed of by-standers, if necessary, may 
be impaneled at any time after the discharge of the Grand 
Jury first impaneled. 

The court shall appoint one of the number of every 
Grand Jury foreman thereof. 

The Grand Jury shall take an oath '^ to diligently inquire of 
and present all treasons, felonies, misdemeanors, and breaches 
of the penal laws which shall have been committed or done 
within the limits or jurisdiction of the county, of which they 
have any knowledge or may receive information." If a sher- 
iff fail to summon the Grand Jury as required by law, with- 
out a reasonable excuse, he shall forfeit and pay for such oflfense 
a penalty. 

(37) 



38 Morton's manual. 

The Grand Jury can compel persons to appear before 
them and testify. 

Indictment. — If, after hearing the evidence, they con- 
sider that there are reasonable grounds to believe that 
the crime or offense has been committed, they return into court 
an indictment, prepared by the Commonwealth's Attorney, 
charging the person with the crime or offense. The fore- 
man indorses upon the indictment **A true bill," and signs 
his name thereto. The indictment, which is a formal accu- 
sation charging the crime or offense, is then returned into 
court. This is what is called ** finding an indictment." If 
the evidence before the Grand Jury should not be deemed 
sufficient, then the indictment is by them ^* ignored." 

If an indictment is found, the accused must be brought to 
trial. 

If he has already been arrested and held to bail by a 
Justice of the Peace, or other proper magistrate, he answers 
to the charge under his bond. Otherwise he is ordered to be 
arrested by a bench warrant, or writ of arrest. 

After having answered, or being brought into court, 
the accused is entitled to a fair and speedy trial by a jury 
of his peers. This is the trial by the Petit Jury. 

Petit Jury. — A Petit Jury shall consist of twelve per- 
sons,* unless the parties agree that it may be composed of a 
less number. 

A competent juryman for the trial of criminal, penal, or 
civil cases in any court must be a citizen, at least twenty- 
one years of age, a housekeeper, sober, temperate, dis- 
creet, and of good demeanor. 

No person who has served upon the panel of the Grand 
or Petit Jury at one term of a court shall be eligible for one 
year thereafter to be placed upon the panel of the Petit Jury. 

No person shall be summoned who is not a qualified 
juror. 

If a juror in any case shall take or agree to take a bribe, 

=■•• In civil and misdemeanor cases, in courts inferior to the Circuit Courts, a 
jury shall consist of six persona. 



JURIES, TRIALS, AXD JUDGMENTS. S^ 

or shall, from favoritism or corrupt partiality, give or refrain 
from giving his verdict, and shall be thereof convicted, such 
juror shall not thereafter serve on any jury, and shall be 
fined one hundred dollars and a sum equal to ten times the 
amount received or agreed to be received. 

Ko sherifiF or other officer shall converse T\-ith a jury- 
man upon any subject after he has been sworn, unless by leave 
of the court. 

No civil officer shall be summoned on a Petit Jury in any 
court. 

Xo transient person, physician, surgeon, practicing at- 
torney, or minister of any religious society, shall be compelled 
to serve on a Petit or Grand Jury. Cashiers and tellers of 
all banks doing business in this Commonwealth, and^'those who 
may be supplying their places for the time, shall be exempt 
from all jury ser\dce. 

Each party litigant in civil actions shall have the right 
of peremptory challenge to one fourth of the jury sum- 
moned, and the right to challenge for cause, as now given 
by law. 

In prosecutions for felony the defendant is entitled to 
twenty peremptory challenges, and the Commonwealth to 
five peremptory challenges. 

In prosecutions for a misdemeanor each party is enti- 
tled to three peremptory challenges. 

A challenge to the panel shall only be for a substantial 
irregularity in selecting or summoning the jury. 

Either party can also challenge for cause, as now given 
by law. 

Before hearing the evidence the jury shall take an oath ** to 
well and truly try the issue joined and a true verdict to 
render." 

Mode of Selecting Juries. —Three jury commis- 
sioners, appointed by the court, draw the names of per- 
sons who constitute the grand and petit jurors from a box, 
wherein they have placed the names of those from wliom the 



40 Morton's manual. 

jury are to be drawn. These names so drawn are then 
given to the sheriff to summon. 

In Justices' courts a jury composed of six men are author- 
ized to try a case. This jury is not drawn, but summoned from 
by-standers. 

Trial by Jury. — After the jury have been selected the 
trial begins. The pkintiff is the party who brings the 
suit, and the defendant is the party against whom the suit 
is brought. 

The burden of proof is usually on the plaintiff; and the 
party having the burden of proof must first introduce his 
evidence, then the other side is heard. The party having 
the burden of proof has the right to make the closing ar- 
gument to the jury, the other side opens the argument. 

If the jury fail to agree, another trial must be had, but 
the same jury can not try the cause again. 

If the jury agree in civil causes, the court can render a 
judgment in accordance with the verdict, or set it aside and 
grant a new trial for proper cause. 

In criminal and penal causes, if the defendant is found 
*'not guilty'' by the verdict, he is discharged and the case 
is ended ; but if the defendant is found *' guilty'' by the ver- 
dict, the court may either render a judgment or set the 
verdict aside as in civil suits. 

A Civil Suit is an action before a court between parties 
for the enforcement of a contract, or some real or supposed 
right. In a civil suit a grand jury is unnecessary. Either 
party may demand a petit jury to determine the facts in the 
case. The party against whom the decision is rendered 
is usually required to pay the costs or expenses of the suit. 

Other Trials. — Equity suits are those in which ques- 
tions of law, and not fact, are involved ; and these are gen- 
erally decided by the court or judge, without the intervention 
of a jury. 

Judgments. — Judgments are the sentences of the law 
pronounced by the court. 



JURIES, TRIALS, AND JUDGMENTS. 41 

The Sheriff is usually required to enforce the judgment 
of the court ; as, in criminal cases to convey the defend- 
ant to the penitentiary, or to execute him, according to 
the judgment. In civil suits, where the judgment is for the 
purpose of enforcing the payment of a debt or money, what 
is called a fieri facias, or an execution, is issued by the clerk 
or proper officer, and placed in the hands of the sheriff, or 
in some cases the constable. It is a writ directing him to 
make the debt out of the property of the defendant and 
pay it over to the plaintiff. Under this writ he is authorized 
to levy upon or seize the property of the defendant in the ex- 
ecution, and sell it after proper notice, and pay to the plaint- 
iff the amount of the debt and costs of the plaintiff. 

Exemptions. — Under the law certain property, real 
and personal, is exempted from execution for debt. 



CHAPTER IX. 

KEVENUE AND TAXATION. 

Sources of Revenue. — Besides the County Eevenue, 
which consists of a tax upon the real and personal property 
in the county, and also a poll or head tax upon the citizens 
thereof, levied by the Fiscal Court each year, to meet the 
expenses of the county, there is also an annual tax levied 
upon the real and personal property in the State for the 
purpose of defraying the expenses and the liabilities of 
the State. This is the State Revenue. A portion of this 
tax is set apart for the ordinary expenses of government, 
a portion for the support of common schools, and a portion 
for the use of the sinking fund, which is a reserved fund set 
apart for the payment of the public debt of the State, interest 
thereon, etc. 

This revenue is under the control of the General As- 
sembly, which establishes and regulates the same. Besides 
this, the State collects taxes for licenses from liquor dealers, 
keepers of billiard saloons, bowling saloons, ten-pin alleys, cir- 
cuses, and theatrical performances, and peddlers ; also on law 
processes recording deeds and similar papers. 

We have already referred to the duties of the assessor and 
sheriff in connection with the public revenue. 

Exemptions. — Certain property is exempt from tax- 
ation, such as household goods, not exceeding two hundred 
and fifty dollars in value, the growing crop on land listed 
for taxation, the provisions on hand for family use ; also 
court-houses, clerks' offices, jails, public grave-yards, lunatic, 
orphan, and deaf and dumb asylums, hospitals, infirmaries, 
widows and orphans' asylums, foundling hospitals, and institu- 
(42) 



II 



REVENUE AND TAXATION. 43 

tions of like character ; also certain real estate belonging to 
certain charitable organizations, churches, etc., also the prop- 
erty of the United States used for custom houses, post- 
offices, docks, ship-yards, forts, arsenals, and barracks. 



¥ 
¥ 



CHAPTER X. 

GOVERNMENTS OF CITIES. 

Cities and towns usually have their own distinct and 
peculiar laws. 

Organization. — The charter is granted by the State 
Legislature, and may be termed the Constitution of the City. 

The General Council usually comprises the Board of 
Aldermen, which is similar to the Senate, and the Board 
of Councilmen, which is similar to the House of Repre- 
sentatives. This body may be termed the Legislature or 
General Assembly of the city. 

It has the power and authority to make all necessary 
ordinances, appropriations, etc., for the city. 

OflBLCers. — The Mayor is the chief executive officer. 
He sometimes acts as a judicial officer, before whom per- 
sons who violate the city ordinances are brought for trial. 

A Police Judge, however, generally has jurisdiction 
over such cases, with powers similar to that of a justice of 
the peace. 

The Marshal has powers of a nature similar to those 
of a sheriff. The police have power to arrest disorderly 
persons, and those violating the ordinances. 

There is usually a City Attorney, a Street Commis- 
sioner, and other officers, with powers and duties marked 
out by the charter and ordinances of the city. 

The Board of Education have charge of the public 
schools, and have special laws for their guidance. 



(44) 



1 



CHAPTER XI. 

CHAKITABLE INSTITUTIONS. 

It is the duty of every State or government to provide* 
for those who, from misfortune or the dispensations of Provi- 
dence, are unable to provide for or take care of themselves. 

State Institutions. — The Lunatic Asylums are for 
the care and custody of the lunatics in the State. 

The Deaf and Dumb Asylum is for the care and the 
education of the deaf and dumb. 

The Kentucky Institution for the Blind is for the 
education of the blind. 

The Feeble Minded Institute is for the care and edu- 
cation of the feeble-minded children of the State. 

These institutions are established and maintained by law 
and at the expense of the State. 

The Superintendents are appointed by the Governor. 

They are allowed annual salaries, paid monthly out of 
the State treasury. 

County Institutions. — Each county must take care of 
its own paupers ; it may purchase land and erect a poor- 
house thereon. 

The Fiscal Court has power to levy a sum sufficient 
to pay for the land and necessary improvements and repairs to 
the poor-house ; to support the poor of the county therein ; to 
appoint one or more commissioners of the poor-house and 
premises, and of the poor of the county whom the court may 
order to be kept in the poor-house, and pay them ; to vest 
the commissioners with power by coercion to cause any able- 
bodied poor person kept at such house to labor ; to appoint a 
suitable person to receive the money levied for the institu- 
tion ; to apply the same to the support of the poor in such 

(45) 



46 Morton's manual. 

house, and to allow such receiver a reasonable compensation 
for his services. 

The County Court in term time, or the County Judge in 
vacation, shall have power to order a poor person to be 
taken to the poor-house and supported, and to cause medi- 
cal aid to be employed at the public expense for such of 
the poor of the county as may be deemed worthy. 

Every person going about begging, or staying in any street 
or other place to beg, shall, on the warrant of the Presiding 
Judge of the County Court, be sent to and kept at the poor- 
house ; but if a male and able to work, he may be pro- 
ceeded against under the vagrant laws. 



CHAPTER XII. 

FEDEEAL COUKTS. 

The Federal Courts, or courts of the United States, are 
something similar to the courts of the States. 
I Courts.— The Federal Courts are as follows, viz: Su- 
preme Court, Court of Claims, District Courts, Cir- 
cuit Courts, Courts of Commissioners. 

Supreme Court.— The Supreme Court of the United 
States is the highest court, and the court of last resort 
in the United States. It consists of a Chief-Justice of the 
United States and eight Associate Justices, any six of 
whom shall constitute a quorum. 

They are appointed by the President of the United 
States to serve for life or during good behavior. They 
receive an annual salary, payable monthly, which shall not 
be diminished during their continuance in office. 

The Supreme Court shall have power to appoint a clerk 
and a marshal for said court and a reporter of its decisions. 

One or more deputies may be appointed by the clerk. 

Jurisdiction. The Supreme Court has original jurisdic- 
tion of all controversies of a civil nature where a State 
is a party, and also of proceedings against embassa- 
dors, their servants, and other public ministers. 

It also has appellate jurisdiction from the lower courts 
of the United States in cases allowed by law. 

Court of Claim.s. — The Court of Claims consists of 
five judges, of whom one is Chief-Justice. 

They are appointed by the President for life or during 
good behavior. 

They receive an annual salary, payable quarterly. 

(47) 



48 Morton's manual. 

They have power to appoint a clerk, an assistant clerk, 
a bailiff, and a messenger. 

The Court of Claims has jurisdiction of suits on claims 
against the United States. 

The Supreme Court and Court of Claims hold their I 
sessions at the National Capital. \ 

District Courts. — The United States is divided into 
various judicial districts. 

In every State in the Union there is a District Judge. 
Some of the States are divided into two or more districts. 
In some instances a judge presides over two or more dis- 
tricts. Congress may change the number at any time. 

A District Judge is appointed by the President of the { 
United States for life or during good behavior, and he shall, 
at stated times, receive a compensation for his services, 
which shall not be diminished during his continuance in 
office. 

Jurisdiction. The District Courts have jurisdiction of 
all crimes and offenses against the United States, commit- 
ted within their respective districts or upon the high 
seas, the punishment of which is not by death; of all 
civil causes of admiralty and marine jurisdiction ; of all 
suits for penalties and forfeitures incurred under any law 
of the United States; of all matters and proceedings in 
bankruptcy, and of a great variety of cases arising under 
the laws of the United States. 

Circuit Courts.— The United States is divided into 
nine Circuit Court Districts. 

A Judge for each circuit is appointed by the President 
of the United States for life or during good behavior. 

He holds a court in each district of the circuit, which he 
may hold alone or in conjunction with the District Judge. 
In the absence of the Circuit Judge a District Judge or two 
District Judges may hold the court. A Justice of the 
Supreme Court of the United States is also required to 
hold a court in each circuit at least once in two years, at which 



FEDERAL COURTS. 49 

time he may have associated with him the Circuit Judge or a 
District Judge of the vicinity. 

The salary of the Circuit Judge is greater than that of 
the District Judge, and, like that of the District Judge, shall 
not be diminished during his continuance in office. 

Jurisdiction. The Circuit Courts have jurisdiction of 
all suits of a civil nature at common law or in equity of 
which the United States, by law, has cognizance ; also of suits 
arising under the patent or copyright laws, and of a va- 
riety of other cases. Prosecutions of crimes and offenses 
against the United States may be, generally, in either the 
District or the Circuit Court. Appeals may be taken from 
the District Court to the Circuit Court, and from the Circuit 
Court to the Supreme Court of the United States. 

Trials.^Grand and Petit Jurors may be summoned 
and impaneled in a manner similar to that of the State 
courts. 

The practice, pleadings, and proceedings in the Cir- 
cuit and District Courts of the United States are similar to 
those of the State Circuit Courts. 

OflBcers. — The officers of the District and Circuit Courts 
are a District Attorney, a Marshal, and a Clerk. 

The District Attorney is appointed by the President 
of the United States for four years. 

His duties are to prosecute, in his district, all delinquents 
for crimes and offenses cognizable under the authority of the 
United States, and to represent the United States in all civil 
actions in which it is concerned in the said district. He re- 
ceives an annual compensation and his fees. 

The Marshal is appointed by the President of the 
United States for four years. 

He may appoint one or more deputies. 

His duties are to serve such writs, orders, notices, 
subpoenas, and similar processes as may be legally issued 
and placed in his hands, to arrest persons charged with crimes 
and offenses, to attend the courts in his district, and keep 



50 Morton's manual. 

order therein, to pay jurors and witnesses for the United 
States, and to perform duties in his courts similar to those 
of a sheriff in the State courts. 

He is required to give a bond for the faithful discharge 
of his duties. 

The Clerk of the District Court is appointed by the 
Judge thereof. 

The Clerk of the Circuit Court is appointed by the 
Judge thereof, the District Judge concurring. 

It is the duty of the clerks to keep a record of all the 
orders and proceedings of their respective courts, and to per- 
form such other duties as may be legitimately required of 
them. 

One person may be clerk of both courts. 

The fees of the clerks and marshals are their compen- 
sation. 

Commissioners' Courts. — The Commissioners of the 
Circuit Courts are tKe most widely distributed of the judicial 
officers of the United States. Each Circuit Judge is author- 
ized by law to appoint as many discreet persons as he may 
deem proper to serve as Commissioners of the Circuit Court. 

The duties of these Commissioners resemble in some respects — 
those of Justices of the Peace as examining courts. They are^| 
required by law to perform various duties, the principal of 
which are to assist the District and Circuit Courts in taking 
evidence to be used in the trial of causes, and arresting persons 
charged with offenses against the United States, and investi- 
gating the charges, and holding the accused for trial. 

Any Judge of a State or of the United States or any Mag- 
istrate is authorized by law to arrest, imprison, or bail any 
person charged with an offense against the United States. 

There is also a Circuit Court of Appeals. 



CHAPTER XIII. 

EXECUTIVE DEPARTMENT OF THE UNITED STATES. 

President and Vice-President.— The President is 
the chief executive officer of the United States. He is 
called the Chief Magistrate of the nation. He is elected 
and holds his office for four years. At the samfe time 
and for the same period another officer is elected, called 
the Vice-President. 

They are not voted for or elected directly by the people, 
but by a body of men called electors, in the following 
manner : 

Each State shall appoint, in such manner as the Legislature 
thereof may direct, a number of electors, equal to the Trhole 
number of Senators and Representatives to which the State 
may be entitled in the Congress.^ 

These electors choose the President and A^ice-President. In 
case no person receives a majority of the votes cast by the 
electors, then the Constitution of the United States directs how 
the election shall take place. 

In case of the death, resignation, or removal of the 
President, the Vice-President becomes the President; 
and, in case he dies while President, the Secretary of 
State is President. 

Xo person except a natural born citizen of the United 
States shall be eligible to the office of President ; neither shall 
any person be eligible to that office w^ho shall not have attained 
the age of thirty-five years, and been fourteen years a 
resident within the United States. 

The duties of the President and Vice-President are set 
forth in the Constitution. 

*See Chapter XIV. 

(51) 



52 Morton's manual. 

They receive an annual salary, payable monthly. 

President's Cabinet. — The Cabinet of the President 
consists of eight officers, each the head of a separate admin- 
istrative department, appointed by the President, as fol- 
lows, viz : The Secretary of State, who shall perform 
such duties as shall from time to time be enjoined on him 
by the President, relative to correspondence, negotia- 
tions with or instructions to public ministers or consuls from 
the United States, or to negotiations with public ministers from 
foreign, States or Princes, or such other matters respecting 
foreign affairs as the President shall assign to his depart- 
ment ; the Secretary of the Treasury, who superintends 
the financial affairs of the Government, and recommends 
to Congress such measures as he considers to be of advantage 
to the credit of the nation ; the Secretary of War, who has 
charge of the military affairs of the nation — it is his duty 
to attend to the construction of fortifications, to direct sur- 
veys, to attend to the transportation of troops, to prescribe 
the kinds as w^ell as the amount of supplies to be purchased 
for the army, to establish signal stations, and to have 
supervision of the engineer, subsistence, ordnance, topo- 
graphical, medical, and Quartermaster-General's bureaus, and 
the Adjutant-General's office; the Secretary of the Navy, 
who has charge of all naval affairs and of the bureaus 
that are naturally appurtenant thereto, such as navy-yards, 
construction, etc. ; the Secretary of the Interior, who has 
charge and supervision of the census, the public lands, 
the Indians, pensions, bounty lands, patents, and edu- 
cation ; the Secretary of Agriculture, whose duty is to 
acquire and diffuse among the people useful information 
on subjects connected with agriculture ; the Postmaster- 
General, who has the general control and supervision of 
all the post-offices in the United States, and of all postal 
arrangements, both in the United States and with foreign 
nations; and the Attorney- General, who is the head of the 
Department of Justice, which includes the courts of the United 



EXECUTIVE BEPARTMEKT OF THE UNITED STATES. 53 

States. He is the legal counsel for the President and other 
Government officers, and it is his duty to advise them and 
give them opinions on any subjects connected with theii 
offices, when requested. 

Department of State. — Ambassadors and other Pub- 
lic Ministers are persons sent abroad to represent our Gov- 
ernment in other countries. These representatives are of 
different grades, and are connected with the Department of 
State. A Secretary of Legation is the secretary or clerk 
to a foreign embassy. 

Consuls are persons sent to foreign countries to watch 
over the interests of our commerce, and to protect the 
rights of seamen, and are under the supervision of the Sec- 
retary of State. 

Treasury Department. — In the Treasury Department 
the work is performed by various bureaus, under control of 
the following officers, viz: First Comptroller, Second Comp- 
troller, First Auditor, Second Auditor, Third Auditor, Fourth 
Auditor, Fifth Auditor, Sixth Auditor, Treasurer, Kegister, 
Commissioner of Customs, Comptroller of the Currency, Com- 
missioner of Internal Revenue, Chief of the Bureau of Statis- 
tics, Director of the Mint, Chief of the Bureau of Engraving 
and Printing. 

Duties of Officers : The duties of the Comptrollers 
are to examine all accounts settled by the Auditors, 
to superintend the adjustment of the public accounts, to 
countersign all warrants drawn by the Secretary of the 
Treasury, War, or Navy, and authorized by law, and to 
superintend the preservation of public accounts ; of the 
Auditors are to receive, examine, and audit all accounts 
presented against the United States, and transmit the same to 
the Comptroller for his decision thereon; of the Register 
are to keep all accounts of the receipts and expenditures 
of the public money, and of all debts due to or from the 
United States, and to receive and preserve all accounts 
which shall have been finally adjusted by the Comptroller 



54 Morton's manual. 

and Commissioner of Customs ; and of the Commissioner 
of Customs are to examine all accounts settled by the 
First Auditor relating to the receipts from customs. 

The Comptroller of the Currency shall have super- 
vision of the national banks, and conduct the business of 
the currency bureau. The Commissioner of Internal 
Revenue shall have general superintendence of the as- 
sessment and collection of all duties and taxes imposed by 
any law providing for internal revenue. The Bureau of 
Statistics shall have charge of the collection, arrangement, 
and classification of such statistical information as may be 
procured, showing or tending to show each year the condition 
of the agriculture, manufactures, domestic trade, currency, and 
banks of the several States and Territories. The Bureau of 
the Mint has under its control all mints for the manufac- 
ture of coin. The Bureau of Engraving and Printing 
has under its supervision the internal revenue stamps, the 
national bank notes, and the notes, bonds, and securities 
of the United States. 

Besides these the Supervising Architect, who has the 
general supervision of the construction of all United States 
buildings, is under the direction of the Treasury Department. 

War Department.— The Secretary of War is assisted 
in the discharge of the duties of his office by the Adjutant- 
General, his chief assistant ; the Quartermaster-Gen- 
eral, who has charge of the military stores and supplies ; 
the Commissary-General, who has charge of the subsist- 
ence department; the Paymaster-General, who super- 
intends the pay department of the army; the Surgeon- 
General, who has charge of the medical department ; the 
Chief of Engineers, who has charge of the corps of army 
engineers ; the Chief of Ordnance, who has charge of the 
ordnance supplies; the Chief Signal Officer, who has 
charge of all signal duty; and the Judge-Advocate Gen- 
eral, who has charge of the bureau of military justice. 

The Coast Survey, which has charge of the preparations 



II 



J 



EXECUTIVE depart:\iext of the united states. 55 

of charts from surveys of the entire sea-coast of the 
United States, is under the direction of the War Depart- 
ment. 

Navy Department. —The Navy Department contains 
the Bureau of Yards and Docks, which has charge of the 
construction of docks, piers, etc.; the Bureau of Equip- 
ment and Recruiting, which has charge of recruiting; 
the Bureau of Navigation, which has charge of the naval 
apprentices, the naval observatory, the naval signal 
office, etc.; the Bureau of Ordnance, which has charge of 
the ordnance stores ; the Bureau of Medicine and Sur- 
gery, which has charge of the medical supplies and naval 
hospitals ; the Bureau of Provisions and Clothing, in 
charge of provisions and clothing; the Bureau of Steam 
Engineering, in charge of the steam machinery, and the 
Bureau of Construction and Repair, in charge of plan- 
ning, building, and repairing vessels. 

Department of the Interior. — Its branches are : The 
Patent Office, the Commissioner of which has charge 
of the hearing and deciding cases relating to patents; the 
Pension Office, the Commissioner of which has charge 
of the granting of pensions ; the Land Office, the Com- 
missioner of which has charge of the various matters 
concerning the public lands; the Office of Indian Af- 
fairs, the Commissioner of which has the general superin- 
tendence of all Indian affairs; the Office of the Census, 
the Superintendent of which has charge of the census ; 
and the Bureau of Education, the Commissioner of 
which has charge of collecting and distributing statistics 
in regard to education in the United States. 

Post-office Department. — The Assistants of the Post- 
master-General are: The First Assistant Postmaster- 
General, who has the superintendence of the appoint- 
ment and removal of postmasters of a certain class; the 
Second Assistant Postmaster-General, who has super- 
vision of letting contracts for carrying the mail, and the 



56 MORTON*S MANUAL. 

Third Assistant Postmaster-General, who has charge 
of the general financial business of the department. 

Postmasters are divided into different classes. The 
highest class are appointed by the President, others by 
the post-office department. 

General Remarks. — In all these Cabinet departments 
a sufficient number of clerks are employed to assist in 
the transaction of business. 

The Army and Navy of the United States have nu- 
merous officers, all of whom receive pay from the United 
States treasury. 

Many of the officers appointed by the President have to 
be confirmed by the Senate. 

There are many thousands of officers in the United 
States performing service under the different depart- 
ments of the Government. It would require a large volume 
to describe minutely the grand system by which our Govern- 
ment is moved. 



1 



CHAPTER XIV. 

CONGRESS. 

Organization.— The law-making power of the United 
States is vested in the Senate and House of Represent- 
atives. These two bodies are known as the Congress. 

Each Congress lasts two years, and holds two ses- 
sions — along one and a short one ; but special sessions 
may be called by the President of the United States. 

The Constitution of the United States defines the powers 
and the duties of Congress. 

Congress is very similar to our State Legislature. 

The President may veto any bill ; but it can be passed 
over his veto, and become a law, if approved by two thirds 
of both Houses. 

Senate. — Each State is entitled to two Senators. 
They are elected by their respective State Legislatures, 
and hold office for six years. 

In the original selection of Senators it was so arranged, 
and is now so continued, that one third of the Senators go 
out every two years ; that is, that whenever a new Congress 
meets two thirds of the Senate are men who have pre- 
viously served in that body. This is a plan somewhat 
similar to that of our State Senate, in which one half of 
the Senators retire every two years. It is believed that this 
plan best preserves the dignity and usefulness of the Senate. 

The Vice-President is ex-officio President of the Senate. 

A Senator must be at least thirty years of age, a citi- 
zen of the State from which he is elected, and have been a 
citizen of the United States nine years preceding his 
election. 

(57) 



58 MORTON^S MANUAL. 

House of Representatives.— The House of Repre- 
sentatives consists of members elected directly by the peo- 
ple. They hold offiop for two years. 

The number of Representatives from any State is deter- 
mined by its population, according to a regular apportionment, 
which is based upon the decennial census. Each State, how- 
ever, is entitled to one Representative. 

A Representative must be at least twenty-five years of 
age, and must have been at least seven years a citizen of the 
United States, and an inhabitant of the State from which he is 
chosen. 

All bills for raising revenue must originate in the House 
of Representatives. 

The Senators and Representatives receive a compen- 
sation fixed by law, and paid out of the treasury of the 
United States. 

Note.— Each organized Territory is entitled to one Delegate, who may engage 
in debate, but not vote. 



1 



CHAPTER XV. 

EEYENUE OF THE UNITED STATES. 

Sources of Revenue. — The Revenue of the United 
States is obtained principally from the Tariff and the Inter- 
nal Revenue. 

The revenue thus collected is paid into the treasury of 
the United States, and is used for the purpose of paying the 
debts and expenses of the Government, and providing for 
the common defense and general welfare. 

A vast sum of money is collected every year from these 
sources. 

The Tariff. — The Tariff is a tax or duty imposed by law 
upon certain articles imported into this country from for- 
eign countries. 

Collectors of Customs are stationed at the different 
ports of the United States, whose duty it is to collect the 
tariff. 

The Internal Revenue. — The Internal Revenue con- 
sists of taxes levied upon certain articles, and the manu- 
facturers thereof, which are manufactured in the United 
States, the principal of which are whisky and tobacco. 

Collectors of Internal Revenue are located through- 
out the different States for the purpose of collecting the 
internal revenue. 

The officers who attend to the collection of the internal 
revenue are the Collectors, Gaugers, and Storekeepers. 



(59) 



^ 



CHAPTER XVI. 

CKIMES AND PUNISHMENTS. 

A knowledge of the criminal law is very essential to 
the peace, happiness, and prosperity of every government. 

Every citizen should understand the nature of crimes 
and punishment in order that he may avoid committing a 
crime. 

*A crime or misdemeanor is an act committed or 
omitted in violation of public law, either forbidding or com- 
manding it. This general definition comprehends both crimes 
and misdemeanors, which, properly speaking, are mere syn- 
onymous terms; though, in common usage, the word * crimes* 
is made to denote such offenses as are of a deeper and more 
atrocious dye, while smaller faults and omissions of less con- 
sequence are comprised under the gentler name of misdemean- 
ors only." 

Under our statute offenses are either felonies or misde- 
meanors. Such offenses as are punishable with death 
or confinement in the penitentiary are felonies. All 
other offenses, whether at common law or made so by 
statute, are misdemeanors. 

Felonies. — Treason, which is levying war against the 
Government, or adhering to its enemies, giving them aid and 
comfort, and murder, which is the willful and malicious tak- 
ing of human life, are classed as felonies by our statutes. 

The punishment for these crimes is death or confinement 
in the penitentiary. 

Manslaughter, which is taking life in sudden heat and 
passion ; bigamy, which is the crime of marrying again when 
the offender has a living wife or husband undivorced; rob- 
bery, which is the feloniously taking of the personal property 
(60) 



CRIMES AND PUNISHMENTS. 61 

of another from his person or in his presence by violence, or 
putting him in fear ; burglary, which is the breaking into a 
dwelling-house in the night time with the intention of com- 
mitting a felony ; maiming, which is unlawfully putting out 
an eye, or cutting or biting off or slitting the tongue, nose, ear, 
or lips, or cutting or biting off any other limb or member of 
another person ; arson, which is the malicious and willful 
burning or attempting to burn any house ; perjury and false 
swearing, which is willfully swearing to that which is false in 
some judicial proceeding; subornation of perjury, which 
is unlawfully and corruptly causing or procuring another to 
commit these offenses ; forgery, which is the fraudulent mak- 
ing or alteration of a writing to the prejudice of another man's 
right; counterfeiting, which is the making of imitations of 
the true money or currency of the State or Government without 
lawful authority, with a view to defraud by passing the imita- 
tions for the true currency or money ; grand larceny, which 
is the felonious taking and carrying away of the personal goods 
of another, where the property stolen is worth ten dollars or 
more; embezzlement, which is for one person willfully and 
fraudulently to convert the property of another person to his 
own use, are also felonies, the punishment for which is 
confinement in the penitentiary for a term of years 
corresponding to the gravity of the crime. 

Of other felonies the following maybe named: Will- 
fully and maliciously shooting or stabbing another with 
intention to kill, or maliciously attempting to poison 
another, W'hen death does not ensue; \villfully stabbing, 
striking, or shooting another, not intending to produce 
death, whereby the person so injured shall die ; attempting 
to commit robbery; having burglar's tools in posses- 
sion with intent to use them burglariously; knowingly 
sending a threatening letter to another with the inten- 
tion to extort money or other property ; breaking into any 
house with intent to steal or destroy property ; unlawfully 
arresting or imprisoning another, or transporting him 



62 Morton's manual. | 

against his will beyond the bounds of this Commonwealth, or 
aiding or abetting anyone to do the same; unlawfully 
collecting or receiving money or other property from 
another, under the pretext of acting under any civil or mili- 
tary authority of this State or the United States ; pretending 
to act under any civil or military authority of this State or 
the United States, and unlawfully, by force or threats, pre- 
venting another from exercising his lawful trade or 
calling, or from the free import or export of any article of 
produce or merchandise, the import or export of which is not 
prohibited by law, or requiring any license other than 
that imposed bylaw for the doing of any such acts; know- 
ingly having counterfeit money in possession w^ith the 
intention of passing the same; attempting to destroy a 
steamboat, vessel, or other water-craft; knowingly 
receiving stolen goods of the value of ten dollars or 
more; fraudulently destroying or concealing a will; 
obtaining money or property by false pretenses ; mar- 
rying another, becoming bail for any party, confessing any 
judgment, acknowledging the conveyance of any instrument", 
which by law may be recorded, or doing any other act, in 
another's name, whereby the person so personated becomes 
liable or may become liable for debt, damages, or money ; 
defacing or cutting down a corner tree or stone to 
the survey of any tract of land ; tearing up a railroad track 
or placing an obstruction thereon-^; voluntarily suffer- 
ing a prisoner to escape, guilty of felony, by any officer 
having him in his custody ; assisting a prisoner to escape, 
if the prisoner is charged with felony. The punishment 
for all these crimes is confinement in the penitentiary. 

Any school trustee willfully making any false re- 
port, required by law to be reported, or any notary public, 
falsely stating in any protest made by him that notices 
were given or sent by him, shall be deemed guilty of 
false swearing, and confined in the penitentiary. 



:'■ If death is caused thereby, it is murder. 



1 



CRIMES AND PUNISHMENTS. 63 

A person in jail convicted of felony, if he escapes, 
shall be confined in the penitentiary one year for the offense. 

Misdemeanors. — Petit larceny, which is the felonious 
taking and carrying away of the personal goods of another, 
where the property is of less value than ten dollars ; know- 
ingly receiving stolen goods of less value than ten 
dollars ; unlawfully shooting and wounding, or shoot- 
ing at without wounding, another ; enticing any person 
to abandon any contract for labor ; voluntarily suffering 
a prisoner guilty of a misdemeanor to escape by any 
officer having him in custody; assisting a prisoner to 
escape if the prisoner is charged with misdemeanor ; disturb- 
ing religious worship; swearing profanely or being 
drunk ; violating the Sabbath day by doing work or busi- 
ness ; killing, disfiguring, or maiming any stock not his 
own; being guilty of riot, rout, or breach of the peace; 
fighting a duel or sending a challenge ; racing on the 
highway; injuring or defacing property of any kind; 
carrying concealed a deadly weapon; unlawfully 
shooting in a town or city ; selling liquor without license, 
or to a minor, or to any known inebriate, and gaming, are the 
principal misdemeanors defined in our statutes. The 
punishment for a misdemeanor is fine or imprisonment 
in jail, or both. 

Crimes against the United States.— These are prin- 
cipally as follows, viz : 

Treason, which has already been defined. 

Violating the pension laws, such as fraudulently ob- 
taining or fraudulently assisting any one to obtain a pension, 
or for an attorney or agent to charge an applicaut for ob- 
taining a pension a larger sum than is allowed by law, etc. 

Violating the postal laws, such as mail robbery, in- 
tercepting or detaining unlawfully the letters or packages of 
another, or opening, embezzling, or destroying the same ; 
breaking into a post-office, sending letters with intent to de- 
fraud, using postage stamps which have already been used, etc. 



64 Morton's manual. 

Violating the internal revenue laws, such as carry- 
ing on the business of a distiller or liquor dealer or manufact- 
urer of tobacco without having paid a license therefor, unlaw- 
fully breaking into a bonded warehouse or distillery, unlaw- 
fully removing spirits on which the tax is not paid, making 
and using false stamps, frauds in inspection, gauging, etc. 

Counterfeiting the coin or currency, etc., of the United 
States. 

Crimes committed upon the vessels of the United States on 
the high seas, and crimes committed on lakes, harbors, 
rivers, etc., over which the United States has jurisdiction, 
and crimes committed in the Territories of the United 
States. 

Modes of Punishment. — There are several ways of 
punishing persons guilty of violating the law, the principal of 
which are as follows, viz : 

1. Execution, which is putting any one to death as a 
legal penalty. This is called capital punishment, and is 
usually inflicted by hanging. 

2. Confinement in the penitentiary. The peniten- 
tiary is a house of correction, in which offenders against 
the law are confined for punishment and reformation, and 
compelled to labor. The penitentiary of this State is under 
the control of a ^varden, appointed by the Commissioners 
of the Sinking Fund (the Governor, Secretary of State, At- 
torney General, Auditor, and Treasurer), who have general 
supervision thereof. A work-house is a city or town prison 
similar to the penitentiary. 

3. Confinement in jail. 

4. Fines. 

5. Forfeiture of right of suffrage and to hold office. 

Note. — Whipping and branding are also resorted to in some instances and 

E laces, but this does not apply to our State. In some countries malefactors are 
anished, and there are also other modes of punishment which are not common 
to our Government. 



1 



CHAPTER XVII. 

, POLITICAL PAKTIES. 

A Political Party is an organization whose members 
advocate certain measures that they desire to become laws. 
Such measures of governmental policy are frequently adopted. 
Hence, the political organizations of a country usually shape 
its destinies. They are therefore very important factors in 
civil aflairs. 

Candidates. — Persons who aspire to office and solicit the 
votes of the people are called candidates. Candidates are 
voted for on the day of the election, and the one receiving the 
majority of votes for any office is declared elected. 

Nominations. — Candidates are frequently nominated by 
the political parties. They are then known as nominees. The 
usual ways «f nominating candidates are by conventions, 
caucuses, and primary elections. 

Conventions. — A convention is a body of men who are 
called delegates and are chosen by their party to represent the 
party. These conventions usually are called together by com- 
mittees who are the advisers or counsellors of the party. 
These conventions are held to adopt certain political principles 
for the guidance of the party, or for the nomination of candi- 
dates, or for both. The declaration of principles adopted by a 
political party is known as a platform. 

Caucuses. — A caucus is a convention of a legislative 
body, or a ward or country district meeting held for the same 
purposes as a convention of representative politicians. 

Primary Elections. — A primary election is an election 
where a political party opens polls or voting-places and votes 
for candidates who aspire fo office, in order to ascertain who 
shall be selected as the candidate of the party. The person 

(65) 



66 Morton's manual. 

receiving the highest number of votes is the nominee. He then 
becomes the only candidate for whom the party is expected to 
vote at the regular, lawful election. Defeated candidate's 
usually acquiesce in the decisions of these conventions, cau- 
cuses, or primary elections, and withdraw from the race. 
When they refuse to abide by the decision and run independ- 
ently they are called bolters. 



QUESTIOIvrS. 



I 



CHAPTER I. 

What is civil government? "Why was it established? What are 
the foundations of society ? How was the preservation of mankind ef- 
fected ? What keeps mankind together, and demonstrates the necessity 
of this union? What is the natural foundation and cement of civil 
society? What is meant by the original contract of society? What 
should the community do? What should each individual do ? What is 
necessary for protection? When does government result? For what 
is it necessary? Why should a superior be constituted and obeyed? 
Xame the different forms of government, and define them ? What is a 
Kepublic? Tell the difference between a Eepublic and a Democracy? 
What is the Government of the United States? Of what is the United 
States composed? What is the Constitution of the United States? 
What are the reserved rights of the States ? What may the Constitu- 
tion be properly called ? What can not the Congress nor the Legis- 
lature do ? Of what is a State composed ? What is a State ? What 
does the National Constitution bind? What does the State Constitu- 
tion bind? What does the United States and State have? What is a 
county? What is the character of the civil government of the States? 

CHAPTER II. 

How is a county divided? What of roads? What is the duty of 
the Government in regard to roads ? What power can open and keep 
roads in repair? How are roads opened, altered, or discontinued? 
How are damages assessed? How are the damages paid? Through 
what places shall a road not run? How wide shall roads be? What is 
the penalty for obstructing a road? Who can divide roads into pre- 
cincts ? What is the duty of a Surveyor ? Who appoints the Surveyor ? 
When can the Surveyor resign ? What persons shall work on a road? 
What is the penalty for a failure to attend and work ? What may the 
Surveyor impress? Who pays for articles impressed? What is the 

(67) 



68 Morton's manual. 

compensation of a Surveyor of roads? How are turnpike roads built? 
How are lands acquired by them? "What regulates the tolls and man- 
ner of travel ? What of education ? By whom are school districts 
established ? How many pupils shall be included in a district ? "What 
is the school fund? Under whose control are the districts? For how 
long are the Trustees elected ? Who is chairman of the Board? What 
are the Trustees? What taxes have they a right to levy? What are 
their powers and duties? What is their compensation? What of the 
office of Justice of the Peace ? How is each county divided ? How 
many justices in each district? How long do they serve? What are 
the powers of a Justice of the Peace? What is the Fiscal Court? 
What are its duties? What is the compensation of a Justice of the 
Peace? For how long is a Constable elected? What are his duties? 
What is his compensation? Does he give a bond ? 

CHAPTER III. 

For how long is the County Judge elected? What are his duties 
and powers ? What is his compensation ? Does he give a bond? For 
how long is the County Clerk elected ? What are his duties ? What 
is his compensation ? Does he give a bond ? For how long is the Sheriff 
elected? When is he ineligible for re-election? What are his duties 
and powers ? What is his compensation? Does he give bond? For 
how long is the County Attorney elected? What are his duties and 
compensation? For how long is the Assessor elected? What are his 
duties and compensation ? Does he give a bond ? What is the Board 
of Supervisors? What are their duties? For how long is the County 
Surveyor elected ? What are his duties and com])ensation ? Does he give 
a bond ? For how long is the Coroner elected? What are his duties 
and compensation? Docs he give a bond? For how long is the County 
Superintendent elected? What are his duties and compensation ? Does 
he give bond? What is the term of office of Circuit Court Clerk? 
What are his duties? His compensation, etc.? For how long is the 
Jailer elected? What are his duties and compensation? What of the 
eligibility oi these officers ? How are vacancies filled ? 

CHAPTER IV. 

When are County Courts held? Are they courts of record? Who 
holds them? What are the powers of the County Court? What is the 
Fiscal Court? What are its powers? What is the Quarterly Court? 
Who holds it? What are its powers? What are Justices' Courts? 
What is a Circuit Court? What are its powers and jurisdiction? Who 
presides over it ? Is it a court of record ? How often is it held ? What 



QtJESTIONS. 69 

are the qualifications of a Circuit Judge? For how long is he elected, 
and by whom? What is the compensation of the Judge of the Circuit 
Court? Tor how loiig is a Commonwealth's Attorney elected? Who 
may fill the office? What are his duties? His compensation? Wiiat 
is the Criminal Court? What is the Chancery Court? What is the 
Court of Appeals? Of how many judges is it composed, and for how 
long are they elected ? What of its salaries ? What are the qualifica- 
tions of the judges? What are their duties? Compensation? How is 
the Clerk of the Court of Appeals elected? What are his duties? 
Qualifications? Compensation? How is the Eeporter of the Court 
of Appeals elected ? What are his duties ? Qualifications ? Compen- 
sation? How is the Sergeant of the Court of Appeals elected? What 
are his duties ? Qualifications ? Compensation ? 

CHAPTER V. 

How many Senatorial Districts? How arranged? Who elect the 
Senators? Term of office? How is their election arranged? How 
many member? of the House? When is a county entitled to more 
than one Kepresentative ? When does one represent several counties? 
How and when is the ratio fixed? Term of office? Qualifications of 
a Senator? Of a member of the House ? What constitutes a quorum? 
What does each House decide? Contested election, how decided? 
Each House establishes what? Duties of each? Duty in reference to 
adjournment? Bills for Kevenue originate where? Eestrictions on 
laws passed? What proceedings are had before a bill is passed? What 
persons are disqualified as Senators or Representatives? What excep- 
tions are made to this ? 

CHAPTER VI. 

What is the Governor? With what power is he vested? For 
how many years is he elected? What are his qualifications? Who 
can not be Governor? What of his compensation? What are his 
powers and duties? When and for how long is the Lieutenant-Gov- 
ernor elected ? What are his qualifications and duties ? How are 
vacancies in the offices of Governor and Lieutenant-Governor filled ? 
How is the Secretary of State appointed ? What are his duties ? For 
how long is the Treasurer elected? What are his duties? Does he 
give a bond? For how long is the Auditor elected? What are his 
duties? For how long is the Attorney-General elected? What are 
his duties and qualifications? For how long is the Register of the 
Land Office elected? What are his duties? For how long is the 
Superintendent of Public Instruction elected? What are his duties? 
What are the duties of the State Geologist? What are the duties of 



70 MORTON^S MANUAL. 

the Commissioner of Agriculture? What are the duties of the Com- 
missioner of Mines? What are the duties of the Adjutant-General? 
By whom are these officers appointed ? How is the State Librarian 
elected ? Duties ? How is the State Inspector and Examiner appointed ? 
Term of office ? Duties ? What is the Commissioner of Insurance ? 
What are his duties? What are the compensations of these officers? 
What is the Board of Equalization ? What are its duties and compen- 
sation? What are the salaries of the Auditor, Treasurer, etc.? How 
are vacancies filled ? How many Eailroad Commissioners ? How 
elected? Eor how long? What are their duties? 

CHAPTER VII. 

What is the Bill of Eights? What are the personal rights of 
the citizen? What of concealed weapons? What of absolute power? 
Exclusive privileges? What power is inherent in the people? What 
of the right to abolish or alter the Government? What of religious 
societies? What of elections ? Trial by jury? Liberty of the press ? 
Security of the people? Eights of the accused? Twice in jeopardy, 
etc.? Of courts? Suspensions of the laws ? Excessive bail ? Impris- 
onment for debt? Ex post facto law? Define it. What of attain- 
der? Define it. What of standing armies? Titles? Emigration? 
Slavery? How may amendments be proposed? How passed? How 
submitted for ratification? How adopted? How many amendments 
may be submitted at the same time? How often? How long shall 
proposed amendments be published before the election? How may a 
Convention be called? When voted upon? Of how many delegates 
must it consist? When elected? What notice is required before 
voting upon calling a Convention? 

CHAPTER VIII. 

What of trial by jury? How many kinds of juries are there? 
What are ihej called? What are the qualifications of a grand jury- 
man? How many persons constitute the grand jury? What is the 
penalty for failure to attend as a grand juryman ? When may by- 
standers be impaneled ? How is the foreman appointed ? What is 
the oath of the grand jury ? What power have they in regard to testi- 
mony? What is an indictment? When may it be returned? By 
whom is it prepared? What is indorsed upon the indictment, and by 
whom? When may an indictment be ignored? When, and in what 
manner, is the accused brought to trial ? What is the trial by the petit 
jury? Of how many persons does it consist? State the qualifications 
of a competent juryman? When is a person ineligible as a juryman? 



QUESTIONS. 71 

Who shall not be summoned ? "What is the penalty for a juryman 
receiving a bribe, etc, ? Who may not converse with the jury? Who 
may not be compelled to serve on a jury? How many peremptory 
challenges, and when ? What is a challenge to the panel ? What oath 
shall the jury take? How are juries drawn and summoned? How 
many persons constitute a jury in Justices' Courts? How are they 
summoned ? When does the trial by jury begin? How is the evidence 
introduced? Who may make the closing argument? What if the 
jury fail to agree? W^hat of a verdict in civil causes; in criminal and 
penal causes? What is a civil suit? What is the plaintiff; the 
defendant? Who may demand a petit jury? Who must pay the 
costs? What are equity suits? What are judgments? How are 
judgments enforced? What are exemptions ? 

CHAPTER IX. 

What is the county revenue? State revenue? How is it set 
apart? Under whose control is it? What other taxes are collected? 
What property is exempt from taxation ? . 

CHAPTER X. 

What of cities and towns? What is the charter? Describe the 
organization. Name the offices. Duties of each ? 

CHAPTER XI. 

What is the duty of every State or Government? What are luna- 
tic asylums? Deaf and dumb asylum? Kentucky Institution for the 
Blind? Feeble-minded institute? How are they maintained and 
established? By whom are the Superintendents appointed ? What of 
their salaries? What is the duty of each county in regard to its pau- 
pers? What is the power of the Fiscal Court? Of the County Judge? 
What is the law in reference to beggars? 

CHAPTER XII. 

What are the Federal Courts ? What is the Supreme Court ? Of 
how many judges does it consist ? By whom are they appointed, and 
for how long ? What of their salaries ? Jurisdiction ? What is the 
Court of Claims ? Of how many judges does it consist ? Wbat of their 
salaries ? Jurisdiction ? How is the United States divided ? How many 
District Judges in a State? By whom and for how long is the District 
Judge appointed ? What is the jurisdiction ? What of Circuit Courts ? 



72 MORTON S MANUAL. 

By whom and for how long are the judges appointed? How are the 
Circuit Courts heki? What of the sahiries? Jurisdiction of the Cir- 
cuit Courts? What of appeals? Practice and pleadings? What are 
the officers, and what are their duties and salaries ? Commissioners of 
Circuit Courts? Their duties? 

CHAPTER XIII. 

Who is the President? For how long does he hold office? Who 
is the Vice-President? How are they elected? In case of death, etc., 
who becomes President ? What are the qualifications of the Presi- 
dent? What are their salaries? What is the Cabinet? By -whom 
appointed? Describe the duties of the Secretary of State; Secretary 
of the Treasury; Secretary of War; Navy; Interior; Secretary of 
Agriculture ; Postmaster-General ; Attorney-General ; Ambassadors, 
etc.; Secretary of Legation ; Consuls; Comptrollers; Auditors; Com- 
missioners of Customs; Comptroller of Currency; Commissioner of 
Internal Eevenue; Bureau of Statistics; Bureau of the Mint; Bureau 
of Engraving and Printing; Supervising Architect; Adjutant-Gen- 
eral; Quartermaster-General;- Commissary-General; Paymaster-Gen- 
eral; Surgeon-General; Chief of Engineers; Chief of Ordnance; Chief 
Signal Officer; Advocate-General; Coast Survey. What of the Bureau 
of Yards and Docks ; Equipment and Recruiting ; Navigation ; Ord- 
nance; Medicine and Surgery; Provisions and Clothing; Steam Engi- 
neering, and Construction and Repairs; Patent Office; Pension; Land; 
Indian Affairs; Office of the Census; Bureau of Education; Assistant 
Postmaster-General? How are Postmasters appointed? 

CHAPTER XIV. 

In what is the law-making power of the United States vested? 
What is Congress ? What of the veto power ? Compensation of Sen- 
ators and Representatives? How long does each Congress last? How 
may special sessions be called? To how many Senators is each State 
entitled? How are they elected? For how long do they hold office? 
How is the election of Senators arranged? What are the qualifications 
of a Senator? How are Representatives elected? For how long do 
they hold office? How is the number of Representatives determined? 
What are their qualifications? What of bills for raising revenue? 

CHAPTER XV. 

How is the Revenue of the United States obtained? What is done 
with the revenue? What is the Tariff; Collectors of Customs; Inter- 
nal Revenue; Collectors of Internal Revenue? What are Gaugers and 
Storekeepers ? 



QUESTIONS. 



CHAPTER XVI. 



I 






"What is a crime or misdemeanur ? What are felonies ; misde- 
meanors ? What is treason ; murder; etc.? What is the punishment 
for each? Petit larceny ; etc.? Punishment for each? Describe the 
principal crimes against the United States. Describe the different 
crimes and punishments. What is a penitentiary ; a work-house? 

CHAPTER XVII. 

What is a political party? How many political parties exist in 
this country? Name them. What is a candidate? What is a nomi- 
nation ? What is a Convention ? What is a Caucus? What is a Pri- 
mary Election ? What is a nominee ? 



CONSTITUTION OF KENTUCKY. 



PREAMBLE. 

' We, the people of the Commonwealth of Kentucky, grateful to 
Almighty God for the civil, political, and religious liberties we enjoy, 
and invoking the continuance of these blessings, do ordain and establish 
this Constitution. 

BILL OF RIGHTS. 

That the great and essential principles of liberty and free govern- 
ment may be recognized and established, We Declare that: 

Sp:ction 1. All men are by nature free and equal, and have certain 
inherent and inalienable rights, among which may be reckoned: 

First: The right of enjoying and defending their lives and liberties. 

Second: The right of worshiping Almighty God according to the 
dictates of their consciences. 

Third: The right of seeking and pursuing their safety and happi- 
ness. 

Fourth: The right of freely communicating their thoughts and 
opinions. 

Fifth: The right of acquiring and protecting property. 

Sixth: The right of assembling together in a peaceable manner for 
their common good, and of applying to those invested with the power 
of government for redress of grievances or other proper purposes, by 
petition, address, or remonstrance. 

Seventh: The right to bear arms in defense of themselves and of the 
State, subject to the power of the General Assembly to enact laws to 
prevent persons from carrying concealed weapons. 

Sec. 2. Absolute and arbitrary power over the lives, liberty, and 
property of freemen exists nowhere in a republic, not even in the largest 
majority. 

Sec. 3. All men, when they form' a social compact, are equal ; and 
no grant of exclusive, separate public emoluments or privileges shall be 
made to any man or set of men, except in consideration of public serv- 
ices; but no property shall be exempt from taxation except as provided 
in this Constitution ; and every grant of a franchise, privilege or ex- 
emption shall remain subject to revocation, alteration or amendment. 

Sec. 4. All power is inherent in the people, and all free governments 
are founded on their authority and instituted for their peace, safety, 
happiness, and the protection of property. For the advancement of 
these ends they have at all times an inalienable and indefeasible right 
to alter, reform or abolish their government in such a manner as they 
may deem proper. (74) 



CONSTITUTION OF KENTUCKY. 75 

Sec. 5. No preference shall ever be given by law to any religious 
sect, society or denomination ; nor to any particular creed, mode of wor- 
ship or system of ecclesiastical polity; nor shall any person be com- 
pelled to attend any place of worship, to contribute to the erection or 
maintenance of any such place, or to the salary or support of any min- 
ister of religion ; nor shall any man be compelled to send his child to 
any school to which he may be conscientiously opposed; and the civil 
rights, privileges or capacities of no person shall be taken away, or in 
anywise diminished or enlarged, on account of his belief or disbelief 
of any religious tenet, dogma or teaching. No human authority shall, 
in any case whatever, control or interfere with the rights of conscience. 

Sec. 6. All elections shall be free and equal. 

Sec. 7. The ancient mode of trial by jury shall be held sacred, and 
the right thereof remain inviolate, subject to such modifications as may 
be authorized by this Constitution. 

Sec. 8. Printing presses shall be free to every person who under- 
takes to examine the proceedings of the General Assembly or any 
branch of government, and no law shall ever be made to restrain the 
right thereof. Every person may freely and fully speak, write, and print 
on any subj<^ct, being responsible for the abuse of that liberty. 

Sec. 9. In prosecutions for the publication of papers investigating 
the official conduct of officers or men in a public capacity, or where the 
matter published is proper for public information, the truth thereof 
may be given in evidence; and in all indictments for libel the jury 
shall have the right to determine the law and facts, under the direction 
of the court, as in other cases. 

Sec. 10. The people shall be secure in their persons, houses, papers, 
and possessions from unreasonable search and seizure; and no warrant 
shall issue to search any place, or seize any person or thing, without 
describing them as nearly as may be, nor without probable cause sup- 
ported by oath or affirm atioi]. 

Sec. 11. In all criminal prosecutions the accused has the right to 
be heard by himself and counsel; to demand the nature and cause of 
the accusation against him: to meet the witnesses face to face, and to 
have compulsory process for obtaining witnesses in his favor. He can 
not be compelled to give evidence against himself, nor can he be de- 
prived of his life, liberty or property, unless by the judgment of his 
peers or the law of the land; and in prosecutions by indictments or 
information, he shall have a speedy public trial by an impartial jury of 
the vicinage; but the General Assembly may provide by a general law 
for a change of venue in such prosecutions for both the defendant and 
the Commonwealth, the change to be made to the most convenient 
county in which a fair trial can be obtained. 

Sec. 12. No person, for an indictable offense, shall be proceeded 
against crim-inally by information, except in cases arising in the land 
or naval forces, or in the militia, when in actual service in time of war 
or public danger, or by leave of court for oppression or misdemeanor 
in office. 

Sec. 13. No person shall, for the same offense, be twice put in jeop- 
ardy of his life or limb, nor shall any man's property be taken or ap- 
plied to public use without the consent of his representatives, and with- 
out just compensation being previously made to him. 



76 MORTON^S MANUAL. 

Sec. 14. All courts shall be open, and every person for an injury 
done bim in bis lands, goods, person or reputation, sball bave remedy 
by due course of law, and rigbt and justice administered witbout sale, 
denial or delay. 

Sec. 15. No power to suspend laws sball be exercised, unless by ibe 
General Assembly or its authority. 

Sec. 16. All prisoners sball be bailable by sufficient securities, 
unless for capital offenses wben tbe proof is evident or tbe presumption 
great; and tbe privileges of tbe writ of habeas corpus sball not be sus- 
pended unless wben, in case of rebellion or invasion, the public safety 
may require it. 

Sec. 17. Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel punishment inflicted. 

Sec. 18. Tbe person of a debtor, where there is not strong presump- 
tion of fraud, shall not be continued in prison after delivering up bis 
estate for the benefit of his creditors in sucb a manner as sball be pre- 
scribed by law. 

Sec. 19. No ex post facto law, nor any law impairing the obligation 
of contracts, shall be enacted. 

Sec. 20. No person sball be attainted of treason or felony by the 
General Assembly, and no attainder shall work corruption of blood, 
nor, except during the life of the offender, forfeiture of estate to the 
Commonwealth. 

Sec. 21. The estates of sucb persons as shall destroy their own lives 
shall descend or vest as in cases of natural death; and if any person 
shall be killed by casualty, there shall be no forfeiture by reason thereof. 

Sec. 22. No standing army shall, in time of peace, be maintained 
without the consent of the General Assembly; and the military shall, 
in all cases and at all times, be in strict subordination to the civil power; 
nor shall any soldier, in time of peace, be quartered in any house with- 
out the consent of the owner, nor in time of war, except in a manner 
prescribed by law. 

Sec. 23. The General Assembly sball not grant any title of nobility 
or hereditary distinction, nor create any office the appointment of which 
shall be for a longer time than a term of years. 

Sec. 24. Emigration from the State shall not be prohibited. 

Sec. 25. Slavery and involuntary servitude in this State are forbid- 
den, except as a punishment for crime, whereof the party shall have 
been duly convicted. 

Sec. 26. To guard against transgression of the high powers which 
we have delegated, We Declare that everything in this Bill of Eights 
is excepted out of the general powers of government, and sball forever 
remain inviolate ; and all laws contrary thereto, or contrary to this 
Constitution, shall be void. 

DISTRIBUTION OF THE POWERS OF GOVERNMENT. 

Sec. 27. The powers of tbe government of the Commonwealth of 
Kentucky shall be divided into three distinct departments, and each of 
them be confided to a separate body of magistracy, to wit : Those which 
are legislative, to one; those which are executive, to another; and those 
which are judicial, to another. 



CONSTITUTION OF KENTUCKY. 77 

Sec. 28. No person or collection of persons, being of one of those 
departments, shall exercise any power properly belonging to either of 
the others, exc^ept in the instances hereinafter expressly directed or 
permitted. 



L 

» 



LEGISLATIVE DEPARTMENT. 

Sec. 29. The legislative power shall be vested in a House of Eep- 
•esentatives and a Senate, which together shall be styled the " General 
^Assembly of the Commonwealth of Kentucky." 

Sec. 30. Members of the House of Representatives and Senators 
elected at the August election in one thousand eight hundred and 
ninety-one, and Senators then holding over,, shall continue in office 
until and including the last day of December, one thousand eight hun- 
dred and ninety-three. Thereafter the term of office of Representatives 
and Senators shall begin upon the first day of January of the year suc- 
ceeding their election. 

Sec. 31. At the general election in the year one thousand eight 
hundred and ninety-three one Senator shall be elected in each Senato- 
rial District, and one Representative in each Representative District. 
The Senators then elected shall hold their offices one half for two years 
and one half for four years, as shall be determined by lot at the first 
session of the General Assembly after their election, and the Representa- 
tives shall hold their offices for two 3'ears. Every two 3'ears thereafter 
there shall be elected for four years one Senator in each Senatorial 
District in which the term of his predecessor in office will then ex- 
pire, and in every Representative District one Representative for two 
years. 

Sec. 32. 'No person shall be a Representative who, at the time of his 
election, is not a citizen of Kentucky, has not attained the age of twenty- 
four years, and who has not resided in this State two years next preced- 
ing his election, and the last year thereof in the county, town or city 
for which he may be chosen. No person shall be a Senator who, at the 
time of his election, is not a citizen of Kentucky, has not attained the 
age of thirty years, and has not resided in this State six years next pre- 
ceding his election, and the last year thereof in the district for which 
he may be chosen. 

Sec. 33. The first General Assembly after the adoption of this Con- 
stitution shall divide the State into thirty-eight Senatorial Districts, and 
one hundred Representative Districts, as nearly equal in population as 
may be without dividing any count}^ except where a county may 
include more than one district, which districts shall constitute the Sen- 
atorial and Representative Districts for ten years. Not more than two 
counties shall be joined together to form a Representative District : 
Provided, In doing so the principle requiring every district to be as 
nearly equal in population as may be shall not be violated. At the 
expiration of that time, the General Assembly shall then, and every ten 
years thereafter, redistrict the State according to this rule, and for the 
purposes expressed in this section. If, in making said districts, inequal- 
ity of population should be unavoidable, any advantage resulting there- 
from shall be given to districts having the largest territory. No part 
of a county shall be added to another county to make a district, and the 
counties formins: a district shall be conti^iuous. 



78 Morton's manual. 

Sec. 34. The House of Representatives shall choose its Speaker and 
other officers, and the Senate shall have power to choose its officers 
biennially. 

Sec. 35. The number of Eepresentatives shall be one hundred, and 
the number of Senators thirty-eight. 

Sec. 36. The first General Assembly, the members of which shall be 
elected under this Constitution, shall meet on the first Tuesday after the 
first Monday in January, eighteen hundred and ninety-four, and there- 
after the General Assembly shall meet on the same day every second 
year, and its sessions shall be held at the seat of government, except 
in case of war, insurrection or pestilence, when it may, by proclamation 
of the Governor, assemble for the time being elsewhere. 

Sec. 37. Not less than a majority of the members of each House of 
the General Assembly shall constitute a quorum to do business, but a 
smaller number may adjourn from day to day, and shall be authorized 
by law to compel the attendance of absent members in such a manner 
and under such penalties as may be prescribed by law. 

Sec. 38. Each House of the General Assembly shall judge of the 
qualifications, elections and returns of its members, but a contested elec- 
tion shall be determined in such a manner as shall be directed by law. 

Sec. 39. Each House of the General Assembly may determine the 
rules of its proceedings, punish a member for disorderly behavior, and, 
with the concurrence of two thirds, expel a member, but not a second 
time for the same cause, and may punish for contempt any person who 
refuses to attend as a witness, or to bring any paper proper to be used 
as evidence before the General Assembly, or either House thereof, or a 
Committee of either, or to testify concerning any matter which may be 
a proper subject of inquiry by the General Assembly, or oflTers or gives 
a bribe to a member of the General Assembly, or attempts by other 
corrupt means or device to control or influence a member to cast his 
vote or withhold the same. The punishment and mode of proceeding for 
contempt in such cases shall be prescribed by law, but the term of 
imprisonment in any such case shall not extend beyond the session of 
the General Assembly. 

Sec. 40. Each House of the General Assembly shall keep and pub- 
lish daily a journal of its proceedings; and the yeas and nays of the 
members on any question shall, at the desire of any two of the members 
elected, be entered on the journal. 

Sec. 41. Neither House, during the ses-ion of the General Assembly, 
shall, without the consent of the other, adjourn for more than three 
days, nor to any other place than that in which it may be sitting. 

Sec. 42. The members of the General xlssembly shall severally 
receive from the State Treasury compensation for their services, which 
shall be five dollars a day during their attendance on, and fifteen cents 
per mile for the necessary travel in going to and returning from, the 
sessions of their respective Houses : Providr.d, The same may be changed 
by law; but no change shall take effect during the session at which it is 
made; nor shall a session of the General Assembly continue beyond 
sixty legislative days, exclusive of Sundays and legal holidays; but this 
limitation as to length of session shall not apply to the first session held 
under this Constitution, nor to the Senate when sitting as a court of im- 
peachment. A legislative day shall be construed to mean a calendar day. 



I 



COXSTITUTIOX OF KENTUCKY. 79 

Sec. 43. The members of the General Assembly shall, in all cases 
except treason, felony, breach or surety of the peace, be privileged 
from arrest during their attendance on the sessions of their respective 
Houses, and in going to and returning from the same; and for any 
speech or debate in either House they shall not be questioned in any 
other place. 

Sec. 44. No Senator or Representative shall, during the term I'or 
which he was elected, nor for one year thereafter, be appointed or elect- 
ed to any civil office of profit in this Commonwealth, which shall have 
been created, or the emoluments of which shall have been increased, 
during the said term, except to such offices as may be filled by the elec- 
tion of the people. 

Sec. 45. No person who may have been a collector of taxes or public 
moneys for the Commonwealth, or for any county, city, town or district, 
or the assistant or deputy of such collector, shall be eligible to the 
General Assembly, unless he shall have obtained a quietus six months 
before the election for the amount of such collection, and for all public 
moneys for which he ma^' have been responsible. 

Sec. 46. No bill shall be considered for final passage, unless the 
same has been reported by a Committee and printed for the use of the 
members. Every bill shall be read at length on three different days in 
each House, but the second and third readings may be dispensed with 
by a majority of all the members elected to the House in which the bill 
is pending. But whenever a Committee refuses or fails to report a bill 
submitted to it in a reasonable time, the same may be called up by any 
member, and be considered in the same manner it would have been con- 
sidered if it had been reported. No bill shall become a law unless, on 
its final passage, it receives the votes of at least two fifths of the mem- 
bers elected to each House, and a majority of the members voting, the 
vote to be taken by yeas and nays and entered in the journal : Provided, 
Any act or resolution for the appropriation of money or the creation of 
debt shall, on its final passage, receive the votes of a majority of all the 
members elected to each House. 

Sec. 47. All bills for raising revenue shall originate in the House of 
Representatives, but the Senate may propose amendments thereto: Pro- 
vided, No new matter shall be introduced, under color of amendment, 
which does not relate to raising revenue. 

Sec. 48. The General Assembly shall have no power to enact laws 
to diminish the resources of the Sinking Fund as now established by 
law until the debt of the Commonwealth be paid, but may enact laws 
to increase them ; and the whole resources of said fund, from year to 
year, shall be sacredly set apart and applied to the paym.ent of the in- 
terest and principal of the State debt, and to no other use or purpose, 
until the whole debt of the State is fully satisfied. 

Sec. 49. The General Assembly may contract debts to meet casual 
deficits or failures in the revenue; but such debts, direct or contingent, 
singly or in the aggregate, shall not at any time exceed five hundred 
thousand dollars, and the moneys arising from loans creating such debts 
shall be applied only to the purpose T>r purposes for which they were 
obtained, or to repay such debts: Provided, The General Assembly 
\ni\.\ contract debts to repel invasion, suppress insurrection, or, if hos- 
tilities are threatened, provide for the public defense. 



80 Morton's manual. 

Sec. 50. No act of the General Assembly shall authorize any debt 
to be contracted on the behalf of the Commonwealth except for the 
purposes mentioned in section forty-nine, unless provision be made 
therein to levy and collect an annual tax sufficient to pay the interest 
stipulated, and to discharge the debt within thirty years ; nor shall such 
act take effect until it shall have been submitted to the people at a gen- 
eral election, and shall have received a majority of all the votes cast for 
and against it: Provided, The General Assembly may contract debts 
by borrowing money to pay any part of the debt of the State, without 
submission to the people, and without making provision in the act au- 
thorizing the same for a tax to discharge the debt so contracted, or the 
interest thereon. 

Sec. 51. No law enacted by the General Assembly shall relate to 
more than one subject, and that shall be expressed in the title, and no 
law shall be revised, amended, or the provisions thereof extended or 
conferred by reference to its title only, but so much thereof as is revised, 
amended, extended or conferred, shall be re-enacted and published at 
length. 

Sec. 52. The General Assembly shall have no power to release, extin- 
guish, or authorize the releasing or extinguishing, in whole or in part, 
the indebtedness or liability of any corporation or individual to this 
Commonwealth, or to any county or municipality thereof. 

Sec. 53. The General Assembly shall provide by law for monthly 
investigations into the accounts of the Treasurer and Auditor of Public 
Accounts, and the result of these investigations shall be reported to the 
Governor, and these reports shall be semi-annually published in two 
newspapers of general circulation in the State. The reports received by 
the Governor shall, at the beginning of each session, be transmitted by 
him to the General Assembl}" for scrutiny and appropriate action. 

Sec. 54. The General Assembly shall have no power to limit the 
amount to be recovered for injuries resulting in death, or for injuries to 
person or property. 

Sec. 55. No act, except general appropriation bills, shall become a 
law until ninety days after the adjournment of the session at which it 
was passed, except incases of emergency, when, by the concurrence of 
a majority of the members elected to each House of the General Assem- 
^^^7) by a yea and nay vote entered upon their journals, an act may 
become a law when approved by the Governor; but the reasons for the 
emergency that justifies this action must be set out at length in the jour- 
nal of each House. 

Sec. 56. No bill shall become a law until the same shall have been 
signed by the presiding officer of each of the two Houses in open ses- 
sion ; and before such officer shall have affixed his signature to any bill, 
he shall suspend all other business, declare that such bill will now be 
read, and that he will sign the same to the end that it may become a 
law. The bill shall then be read at length and compared; and, if cor- 
rectly enrolled, he shall, in presence of the House in open session, and 
before any other business is entertained, affix his signature, which fact 
shall be noted in the journal, and the bill immediately sent to the other 
House. When it reaches tlie other House, the presiding officer thereof 
shall immediately suspend all other business, announce the reception of 
the bill, and the same proceeding shall thereupon be observed in every 



I 



CONSTITUTION OF KENTUCKY. 81 

respect as in the House in which it was first signed. And thereupon 
the Clerk of the latter House shall immediately present the same to the 
Governor for his signature and approval. 

Sec. 57. A member who has a personal or private interest in any 
measure or bill propo-ed or pending betbre the General Assembly shall 
disclose the fact to the House of which he is a member, and shall not 
vote thereon upon pain of expulsion. 

Sec. 58. The General Assembly shall neither audit nor allow any 
private claim against the Commonwealth, except for expenses incurred 
during the ses>ion at which the same was allowed; but may appropri- 
ate money to pay such claim as shall have been audited and allowed 
according to law. 

LOCAL AND SPECIAL LEGISLATION. 

Sec. 59. The General Assembly shall not pass local or special acts 
concerning any of the following subjects, or for any of the following 
purposes, namely : 

Fii^st: To regulate the jurisdiction or the practice or the circuits of 
courts of justice, or the rights, powers, duties or compensation of the 
officers thereof; but the practice in circuit courts in continuous session 
may, by a general law, be made different from the practice of circuit 
courts held in terms. 

Second: To regulate the summoning, impaneling or compensation 
of grand or petit jurors. 

Third: To provide for changes of venue in civil or criminal causes. 

Fourih : To regulate the punishment of crimes and misdemeanors, or 
to remit fines, penalties or forfeitures. 

Fifth: To regulate the limitation of civil or criminal causes. 

Sixth : To affect the estate of cestuis que trust, decedents, infants or 
other persons under disabilities, or to authorize any such persons to sell, 
lease, encumber or dispose of their property. 

Seventh: To declare any person of age, or to relieve an infant or 
feyne covert oi disability, or to enable him to do acts allowed only to 
adults not under disabilities. 

Eighth: To change the law of descent, distribution or succession. 

Ninth: To authorize the adoption or legitimation of children. 

Tenth: To grant divorces. 

Eleventh: To change the names of persons. 

Twelfth'. To give effect to invalid deeds, wills or other instruments. 

Thirteenth : To legalize, except as against the Commonwealth, the 
unauthorized or invalid act of any officer or public agent of the Com- 
monwealth, or of any city, county or municipality thereof. 

Fourteenth: To refund money legally paid into the State Treasury. 

Fifteenth: To authorize or to regulate the levy, the assessment or 
the collection of taxes, or to give any indulgence or discharge to any 
assessor or collector of taxes, or to his sureties. 

Sixteenth : To authorize the opening, altering, maintaining or vacat- 
ing roads, highways, streets, alleys, town plats, cemeteries, graveyards, 
or public grounds not owned by the Commonwealth. 

Seventeenth: To grant a charter to any corporation, or to amend the 
charter of any existing corporation ; to license companies or persons to 



82 Morton's manual. 

own or operate ferries, bridges, roads or turnpikes; to declare streams 
navigable, or to autliorize the construction of booms or dams therein, or 
to remove obstructions therefrom ; to affect toll-gates, or to regulate tolls; 
to regulate fencing or the running at large of stock. 

Eighteenth: To create, to increase or decrease fees, percentages or 
allowances to public officers, or to extend the time for the collection 
thereof, or to authorize officers to appoint deputies. 

Nineteenth: To give any person or corporation the right to lay a rail- 
road track or tramway, or to amend existing charters for such purposes. 

Twentieth: To provide for conducting elections, or for designating 
the places of voting, or changing the boundaries of wards, precincts or 
districts, except when new counties may be created. 

Twenty-first : To regulate the rate of interest. 

Tw enty- second : To authorize the creation, extension, enforcement, 
impairment or release of liens. 

Twenty-third : To provide for the protection of game and fish. 

Twenty-fourth : To regulate labor, trade, mining or manufacturing. 

Twenty-fifth : To provide for the management of common schools. 

Tw enty -sixth : To locate or change a count}^ seat. 

Tioenty-seventh : To provide a means of taking the sense of the peo- 
ple of any city, town, district, precinct, or county, whether they wish 
to authorize, regulate or prohibit therein the sale of vinous, spirituous or 
malt liquors, or alter the liquor laws. 

Twenty-eighth : Restoring to citizenship persons convicted of infa- 
mous crimes. 

Tioenty-ninth : In all other cases where a general law can be made 
applicable no special law shall be enacted. 

Sec. 60. The General Assembly shall not indirectly enact any spe- 
cial or local act by the repeal in part of a general act, or by exempting 
from the operation of a general act any city, town, district or county; 
but laws repealing local or special acts may be enacted. No law shall 
be enacted granting powers or privileges in any case where the grant- 
ing of such powers or privileges shall have been provided for by a gen- 
eral law, nor where the Courts have jurisdiction to grant the same or tv-» 
give the relief asked for. No law, except such as relates to the sale, 
loan or gift of vinous, spirituous or malt liquors, bridges, turnpikes or 
other public roads, public buildings or improvements, fencing, running 
at large of stock, matters pertaining to common schools, paupers, and 
the regulation by counties, cities, towns or other municipalities of their 
local affairs, shall be enacted to take effect upon the approval of any 
other authority than the General Assembly, unless otherwise expressly 
provided in this Constitution. 

Sec. 61. The General Assembly shall, by general law, provide a means 
whereby the sense of the people of any county, city, town, district or pi'e- 
cinct may be taken as to whether or not spirituous, vinous or malt liquors 
shall be sold, bartered or loaned therein, or the sale thereof regulated. 
But nothing herein shall be construed to interfere with or to repeal any 
law in force relating to the sale or gift of such liquors. All elections on 
this question may be held on a day other than the regular election days. 

Sec. 62. The style of the laws of this Commonwealth shall be as fol- 
lows: *' Be it enacted by the General Assembly of the Commonwealth 
of Kentucky." 



CONSTITUTION OF KENTUCKY. 83 



COUNTIES AND COUNTY SEATS. 

Sec. 63. No new couiUy sball be created by tbe General Assembly 
wbicb will reduce tbe county or counties, or eitber of tbem, from wbicli 
it sball be taken to less area tban four bundred square miles; nor sbail 
any county be formed of less area; nor sball any boundary line tbereof 
pass witbin less tban ten miles of any county seat of tbe county or coun- 
ties proposed to be divided. Notbing contained berein sball prevent tbe 
General Assembh' from abolisbing any county. 

Sec. 64. No county sball be divided, orbave any part stricken tbere- 
from, except in tbe formation of new counties, witbout submitting tbe 
question to a vote of tbe people of tbe county, nor unless tbe majority 
of all tbe legal voters of tbe county voting on tbe question sball vote 
for tbe same. Tbe county seat of no county as now located, or as may 
bereafter be located, sball be moved, except upon a vote of two tbirds 
of tbose voting; nor sball any new county be establisbed wbicli will 
reduce any county to less tban twelve tbousand inbabitants, nor sball 
any county be created containing a less population. 

Sec. 65. Tbere sball be no territory stricken from any county unless 
a majority of tbe voters living in sucb territory sball petition for sucb 
division. But tbe portion so stricken off and added to anotber county, 
or formed in wbole or in part into a new county, snail be bound for its 
proportion of tbe indebtedness of tbe county from wbicb it bas been 
taken. 

IMPEACHMENTS. 

Sec. 66. Tbe House of Kepresentatives sball bave tbe sole power of 
impeacbraent. 

Sec. 67. All impeacbments sball be tried by tbe Senate. Wben sit- 
ting for tbat purpose tbe Senators sball be upon oath or affirmation. No 
person sball be convicted witbout tbe concurrence of two tbirds of tbe 
Senators present. 

Sec. 68. Tbe Governor and all civil officers sball be liable to im- 
peacbment for any misdemeanors in office; but judgment in sucb cases 
sball not extend furtber tban removal from office, and disqualification 
to bold any office of bonor, trust or profit under tbis Commonwealth; 
but tbe party convicted sball, nevertheless, be subject and liable to 
indictment, trial, and punishment by law. 



THE EXECUTIVE DEPARTMENT. 

officers for the state at large. 

Sec. 69. Tbe supreme executive power of tbe Commonwealth shall 
be vested in a Cbief Magistrate, who shall be styled the " Governor of 
the Commonwealth of Kentucky." 

Sec. 70. He sball be elected "^for tbe term of four years by the quali- 
fied voters of tbe State. Tbe person having tbe highest number of 
votes sball be Governor; but if two or more sball be equal and bigbost 
in votes, tbe election sball be determined by lot in such manner as the 
General Assembly may direct. 



84 Morton's manual. 

Sec. 71. He shall be ineligible for the succeeding four years after the 
expiration of the term for which he shall have been elected. 

ISec. 72. He shall be at least thirty years of age, and have been a 
citizen and resident of Kentucky for at least six years next preceding 
his election. 

Sec. 73. He shall commence the execution of the duties of his office 
on the fifth Tuesday succeeding his election, and shall continue in the 
execution thereof until his successor shall have qualified. 

Sec. 74. He shall at slated times receive for his services a compen- 
sation to be fixed by law. 

Sec. 75. He shall be Commander-in-Chief of the army and navy of 
this Commonwealth, and of the militia thereof, except when they shall 
be called into the service of the United States; but he shall not com- 
mand personally in the field, unless advised so to do by a resolution of 
the General Assembly. 

Sec. 76. He shall have the power, except as otherwise provided in 
this Constitution, to fill vacancies by granting commissions, which shall 
expire when such vacancies shall have been filled according to the pro- 
visions of the Constitution. 

Sec. 77. He shall have power to remit fines and forfeitures, commute 
sentences, grant reprieves and pardons, except*in case of impeachment, 
and he shall file with each application therefor a statement of the rea- 
sons for his decision thereon, which application and statement shall 
always be open to public inspection. In cases of treason he shall have | 
power to grant reprieves until the end of the next session of the Gen- . 
eral Assembly, in which the power of pardoning shall be be vested; but 
he shall have no power to remit the fees of the Clerk, Sherifi*, or Com- 
monwealth's Attorney in penal or criminal cases. 

Sec. 78. He may require information in writing from the officers of 
the Executive Department upon any subject relating to the duties of 
their respective offices. 

Sec. 79. He shall, from time to time, give to the General Assembly 
information of the state of the Commonwealth, and recommend to their 
consideration such measures as he may deem expedient. 

Skc. 80. He may, on extraordinary occasions, convene the General 
Assembly at the seat of government, or at a difierent place, if that 
should have become dangerous from an enemy or from contagious dis- 
eases. In case of disagreement between the two Houses with respect to 
the time of adjournment, he may adjourn them to such time as he shall 
think proper, not exceeding four months. When he shall convene the 
General Assembly it shall be by proclamation, stating the subjects to be 
considered, and no others shall be considered. 

Sec. 81. He shall take care that the laws be faithfully executed. 

Sec. 82. A Lieutenant-Governor shall be chosen at every regular 
election for Governor, in the same manner, to continue in office for the 
same time, and possess the same qualifications as the Governor. He 
shall be ineligible to the office of Lieutenant-Governor for the succeed- 
ing four years after the expiration of the term for which he shall have 
been elected. 

Sec. 83. He shall, by virtue of his office, be President of the Senate, 
have a right, when in Committee of the Whole, to debate and vote on all 
subjects, and when the Senate is equally divided, to give the casting vote. 



CONSTITUTIOX OF KENTUCKY. 85 

Sec. Si. Should the Governor be impeached and removed from 
office, die, refuse to qualify, resign, be absent from the State, or be from 
any cause unable to discharge the duties of his office, the Lieutenant- 
Governor shall exercise all the power and authority appertaining to the 
uffice of Governor until another be duly elected and quajified. or the 
Governor shall return or be able to discharge the duties of his office. 
On the trial of the Governor, the Lieutenant-Governor shall not act as 
President of the Senate or take part in the proceedings, but the Chief 
Justice of the Court of Appeals shall preside during the trial. 

Sec. 85. A President pro tempore of the Senate shall be elected by 
each Senate as soon after its organization as possible, the Lieutenant- 
Governor vacating his seat as President of the Senate until such election 
shall be made; and as often as theie is a vacancy in the office of Presi- 
dent /.)ro tempore, another President joro tempore of the Senate shall be 
elected by the Senate, if in session. And if, during the vacancy of the 
office of Governor, the Lieutenant-Governor shall be impeached and 
removed from office, refuse to qualify, resign, die or be absent from the 
State, the President pro temjjore of the Senate shall in like manner 
administer the government: Provided, Whenever a vacancy shall occur 
in the office of Governor before the first two years of the term shall 
have expired, a new election for Governor shall take place to fill such 
vacancy. 

Sec. 86. The Lieutenant-Governor, or President pro tempore of the 
Senate, w^iile he acts as President of the Senate, shall receive for his 
services the same compensation which shall for the same period be 
allowed to the Speaker of the House of Kepresentatives, and during the 
time he administers the government as Governor he shall receive the 
same compensation which the Governor would have received had he 
been employed in the duties of his office. 

Sec. 87. If the Lieutenant-Governor shall be called upon to admin- 
ister the Government, and shall, while in such administration, resign, 
die, or be absent from the State during the recess of the General Assem- 
bly, if there be no President pro tetnpore of the Senate, it shall be the 
duty of the Secretary of State, for the time being, to convene the Sen- 
ate for the purpose of choosing a President; and until a President is 
chosen the Secretary of State shall administer the government. If there 
be no Secretary of State to perform the duties devolved upon him by 
this section, or in case that officer be absent from the State, then the 
Attorney-General, for the time being, shall convene the Senate for the 
purpose of choosing a President, and shall administer the government 
until a President is chosen. 

Sec. 88. Every bill which shall have passed the two Houses shall be 
presented to the Governor. If he approve, he shall sign it; but if not, 
he shall return it, with his objections, to the House in which it origin- 
ated, which shall enter the objections in full upon its journal, and pro- 
ceed to reconsider it. If, aft«^r such reconsideration, a majority of all 
the members elected to that House shall airree to pass the bill, it shall 
be sent, w4th the objections, to the other House, by which it shall like- 
wise be considered, and if approved by a majority of all the members 
elected to that House, it shall be a law; but in such case the votes of 
both Houses shall be determined by yeas and nays, and the names of 
the members voting for and against the bill shall be entered upon the 



I 



86 MOMON^S MANUAL. 

journal of each House respectively. If any bill shall not be returned 
bv the Governor within ten days (Sundays excepted) after it shall have 
been presented to him, it shall be a law in like manner as if he had 
sio-ned it, unless the General Assembly, by their adjournment, prevent 
its return, in which case it shall be a law, unless disapproved by him 
within ten days after the adjournment, in which case his veto message 
shall be spread upon the register kept by the Secretary of State. The 
Governor shall have power to disapprove any part or parts of appro- 
priation bills embracing distinct items, and the part or parts disapproved 
shall not become a law unless reconsidered and passed, as in case of a bill. 

Sec. 89. Every order, resolution or vote, in which the concurrence 
of both Houses may be necessary, except on a question of adjournment, 
or as otherwise provided in this Constiuitionj shall be presented to the 
Governor, and, before it shall take eliect, be approved by him ; or being 
disapproved, shall be repassed by a majority of the members elected to 
both Houses, according to the rules and limitations prescribed in case 
of a bill. 

Sec. 90. Contested elections for Governor and Lieutenant-Governor 
shall be determined by both Houses of the General Assembly, accord- 
ing to such regulations as may be established by law. 

Sec. 91. A Treasurer, Auditor of Public Accounts, Register of the 
Land Office, Commissioner of Agriculture, Labor and Statistics, Secre- 
tary of State, Attorney-General and Superintendent of Public Instruction 
shall be elected by the qualified voters of the State at the same time the 
Governor is elected, for the term of four years, each of whom shall be at 
least thirty years of age at the time of his election, and shall have been 
a resident citizen of the State at least two years next before his election. 
The duties of all these officers shall be such as maybe prescribed by law, 
and the Secretary of State shall keep a fair register of and attest all the 
official acts of the Governor, and shall, when required, lay the same and 
all papers, minutes and vouchers relative thereto before either House of 
the General Assembly. The officers named in this section shall enter 
upon the discharge of their duties the fir>t Monday in January after 
their election, and shall hold their offices until their successors are elected 
and qualified. 

Skc. 92. The Attorney -General shall have been a practicing lawyer 
eight years before his election. 

Sec. 93. The Treasurer, Auditor of Public Accounts, Secretary of 
State, Commissioner of Agriculture, Labor and Statistics, Attorney- 
General, Superintendent of Public Instruction, and Register of the Land 
Office shall be ineligible to re-election for the succeeding four years after 
the expiration of the term for which they shall have been elected. The 
duties and responsibilities of these officers shall be prescribed by law, 
and all fees collected by any of said officers shall be covered into the 
treasury. Inferior State officers, not specifically provided for in this 
Constitution, may be appointed or elected, in such manner as may be 
prescribed by law, for a term not exceeding four years, and until their 
successors are appointed or elected and qualified. 

Sec. 94. The General Assembly may provide for the abolishment of 
the office of the Register of the Land Office, to take efiect at the end of 
any term, and shall provide by law for the custody and preservation of 
the papers and records of said office, if the same be abolished. 



COKSfiTtlTiON OF KENTUCKY. 87 

Sec. 95. The election under this Constitution for Governor, Lieu- 
tenant-Governor, Treasurer, Auditor of Public Accounts, Eeo-ister of 
t!ie Land Office, Attorney-General, Secretary of State, Superintendent 
of Public Instruction, and Commissioner of Agiiculture, Labor and 
statistics, shall be held on the tirst Tuesday after the first Mondav in 
November, eighteen hundred and ninety-five, and the same day everv 
four years thereafter. "^ 

Sec. 96. All the officers mentioned in section ninety-five shall be 
paid for their services by salary, and not otherwise. 

OFFICERS FOR DISTRICTS AND COUNTIES. 

Sec. 97. At the general election in eighteen hundred and ninety-two 
there shall be elected in each circuit court district a Commonwealth's 
Attorney, and in each county a Clerk of the Circuit Court, who shall 
enter upon the discharge of the duties of their respective offices on the 
first Monday in January after their election, and shall hold their offices 
five years, and until their successors are elected and qualified. In the 
year eighteen hundred and ninety-seven, and every six years thereafter, 
there shall be an election in each county for a Circuit Court Clerk and 
for a Commonwealth's Attorney in each circuit court district, unless 
that office be abolished, w^ho shall hold their respective offices for six 
years from the first Monday in January after their election, and until 
the election and qualification of their successors. 

Sec. 98. The compensation of the Commonwealth's Attorney shall be 
by salary and such percentage of fines and forfeitures as may be fixed 
by law, and such salary shall be uniform in so far as the same shall be 
paid out of the State treasury, and not to exceed the sum of five hun- 
dred dollars per annum; but any county may make additional com- 
pensation, to be paid by said county. Should any percentage of fines 
sind forfeitures be allowed by law. it shall not be paid except upon such 
proporti(»n of the fines and forfeitures as have been collected and paid 
into the State treasury, and not until so collected and paid. 

Sec. 99. There shall be elected in eighteen hundred and ninety-four 
in each county a Jndge of the County Court, a County Court Clerk, a 
County Attorney, Sherifi', Jailer, Coroner, Surveyor and Assessor, and 
in each justice's district one Justice of the Peace and one Constable, 
who shall enter upon the discharge of the duties of their offices on the 
first Monday in January after their election, and continue in office three 
years, and until the election and qualification of their successors; and 
in eighteen hundred and ninety-seven, and every four years thereafter, 
there shall be an election in each county of the officers mentioned, who 
shall hold their offices four years (from che first ^Fonday in January 
after their election), and until the election and qualification of their suc- 
cessors. The first election of Sherifis under this Constitution shall be 
held in eighteen hundred and ninety-two. and the Sheriff's then elected 
shall hold their offices two years, and until the election and qualification 
of their successors. The Sherifi's now in office for their first term shall 
be eligible to re-election in eighteen hundred and ninety-two, and those 
olected in eighteen hundred and ninety-two for the first term shall be 
elii^nble to re-election in eighteen hundred and ninety-four, but there- 
after no sherifl^ shall be eligible to re-election or to act as deputy for the' 
succeeding term. 



88 Morton's manual. 

Sec. 100. No person shall be eligible to the offices mentioned in sec- 
tions ninety-seven and ninety-nine who is not at the time of his election 
twenty-foar years of age (except Clerks of County and Circuit Courts, 
who shall be twenty-one years of age), a citizen of Kentucky, and who 
has not resided in the Suite two years, and one year next preceding his 
election in the »ounty and district in which he is a candidate. No per- 
son shall be eligible to the office of Commonwealth's Attorney unless he 
shall have been a licensed practicing lawyer four years. No person 
shall be eligible to the office of County Attorney unless he shall have 
been a licensed practicing lawyer two years. No person shall be eligible 
to the office of Clerk unless he shall have procured from a Judge of the 
Court of App-'als, or a Judge of a Circuit Court, a certificate that he has 
been examined by the Clerk of his Court under his supervision, and , 
that he is qualified for the office for which he is a candidate. 

Sec. 101. Constables shall possess the same qualifications as sheriffs, 
and their jurisdiction shall be co-extensive with the counties in which 
they reside. Constables now in office shall continue in office until their 
successors are elected and qualified. 

Sec. 102. When a new county shall be created, officers fqr the same, 
to serve until the next regular election, shall be elected or appointed 
in such way and at such times as the General Assembly may prescribe. 

Sec. 103. The Judges of County Courts, Clerks, Sheriffs, Surveyors, 
Coroners, Jailers, Constables, and such other officers as the General 
Assembly may from time to time require, shall, before they enter upon 
the duties of their respective offices, and as often thereafter as may be 
deemed proper, give such bond and security as may be prescribed by law. 

Sec. 104. The General Assembly may abolish the office of Assessor 
and provide that the assessment of property shall be made by other 
oflicers, but it shall have power to re-establish the office of Assessor and 
prescribe his duties. No person shall be eligible to the office of Assessor 
two consecutive terms. 

Sec. 105. The General Assembly may at any time consolidate the 
offices of Jailer and Sheriff in any county or counties, as it shall deem 
most expedient; but in the event such consolidation be made, the office 
of Sheriff shall be retained, and the Sheriff shall be required to per- 
form the duties of Jailer. 

Sec. 106. The fees of county officers shall be regulated by law. In 
counties or cities having a population of seventy-fivp thousand or more 
the Clerks of the respective courts thereof (except the Clerk of the City 
Court), the Marshals, the Sheriffs, and the Jailers shall be paid out of 
the State Treasury, by salary to be fixed bv law, the salaries of said 
officers and of their deputies and necessary office expenses not to exceed 
seventy-five per centum of the fees collected by said officers respectively, 
and paid into the treasury. 

Sec. 107. The General Assembly may provide for election or appoint- 
ment, for a term not exceeding four years, of such other county or district 
ministerial and executive officers as may from time to time be necessary. 
^ Sec. 108. The General Assembly may, at any time after the expira- 
^^2!^ ^^/l^ ^^^^""^ ^^'"'' ^^® adoption of this Constitution, abolish the 
office of Commonwealth's Attorney, to take effect upon the expiration 
of the terms of the incumbents, in which event the duties of said office 
shall be discharged by the County Attorneys. 



COlJSTlTUTlOX OF KENTUCKY. 89 

THE JUDICIAL DEPARTMENT. 

Sec. 109. The judicial power of the Commonwealth, both as to mat- 
ters of law and equity, shall be vested in the :^enate when bittino- as ,-. 
court of impeachment, and one Supreme Court (to be st^'led the Court 
of Appeals), and the cc»urts established by this Constitution. 

COURT OF APPEALS. 

Sec. no. The Court of Appeals shall have appeHate jurisdiction 
only, which shall be co-extensive with the State, under such restrictions 
and regulations not repugnant to this Con>titution as may from time to 
time be prescribed by law. Said court shall have power to issue such 
writs as may be necessary- to give it a general control of inferior juris- 
dictions. 

Sec. 111. The Court of 'Appeals shall be held at the seat of govern- 
ment; but if that shall become dangerous, in case of war, insurrection 
or pestilence, it may adjourn to meet and transact its business at such 
other place in the State as it may deem expedient for the time being. 

Sec. 112. The Judges of the Court of Appeals shall severally hold 
their offices for the term of eight years, commencing on the first Mon- 
day' in January next succeeding their respective elections, and until 
their several successors are qualified, subject to the conditions herein- 
after prescribed. For any reasonable Cause the Governor shall remove 
them, or any one or more of them, on the address of two thirds of each 
House of the General Assembly. The cause or causes for which said 
removal shall be required shaU be stated at length in such address and 
in the journal of each House. They shall at stated times receive for 
their services an adequate compensation, to be fixed by law. 

Sec. 113. The Court of Appeals shall, after eighteen hundred and 
ninetv-fonr, consist of not less than five nor more than seven Judges. 
Thev' shall severallv, by virtue of their office, be conservators of the 
peace throu^Jh out the State, and shall be commissioned by the Governor. 

Sec. 114 No person shall be eligible to election as a Judge of the 
Court of Appeals who is not a citizen of Kentucky, and. has not resided 
in this State five years and in the district in which he is elected two 
vear^ next precedina; his election, and who is less than thirty-five years 
of ao-e and has not been a practicing lawyer eight years, or whose serv- 
ice^ upon the bench of a Circuit Court or court of similar jurisdiction, 
when added to the time he may have practiced law, shall not be equal 

to eio^ht vears. , _ ^ ^ i i n i i j 

Sec 115 The present Jud2:es of the Court of Appeals shall hold 
their offices until their respective terms expire, and until their several 
«ucce«<=or« shall be qualified ; and at the regular election next preceding 
the expiration of the term of e-.ch of the present Judges his successor 
«hall be elected. The general Assembly shall, before the regular elec- 
tion in eicrhteen hundred a-d ninety-four, provide for the election of 
such Judo^es of the Court of Appeals, not less than five nor exceeding 
seven a« mav be necessarv; and if less thnn seven Judges be provided 
for, the General Assembly may at any time increase the number to 

Sec lin The Judo-es of the Court of Appeals shall be elected by 
districts. The General Assembly shall, before the regular election in 



90 MORTON^S MANUAL. 

eighteen hundred and ninety-four, divide the State, by counties, into as 
many districts, as nearly equal in population and as compact in form as 
possible, as it may provide shall be the number of Judges of the Court 
of Appeals ; and it may, every ten years thereafter, or when the num- 
ber of Judges requires it, redistrict the State in like manner. Upon 
the creation of new or additional districts, the General Assembly shall 
desio-nate the year in which the first election for a Judge of the Court 
of Appeals shall be held in each district, so that not more than the 
number of Judges provided for shall be elected, and that no Judge 
may be deprived of his office until the expiration of the term for which 
he was elected. 

Sec. 117. A majority of the Judges of the Court of Appeals shall 
constitute a quorum for the transaction of business, but in the event as 
many as two decline, on account of interest or for other reason, to pre- 
side in the trial of any cause, the Governor, on that fact being certitied 
to him by the Chief Justice, shall appoint to try the particular cause a 
sufficient number of Judges to constitute a full Court. The Judges so 
appointed shall possess the qualifications prescribed for Judges of the 
Court of Appeals, and receive the same compensation proportioned to 
the length of service. 

Sec. 118. The Judge longest in commission as Judge of the Court 
of Appeals shall be Chief Justice, and if the term of service of two or 
more Judges be the same, they shall determine by lot which of their 
number shall be Chief Justice. The Court shall prescribe by rule that 
petitions for rehearing shall be considered by a Judge who did not 
deliver the opinion in the case; and the Court, if composed of seven 
Judges, shall divide itself into sections for the transaction of business, 
if, in the judgment of the Court, such arrangement is necessary. 

Sec. 119. The Superior Court shall continue until the terms of the 
present Judges of said Court expire, and upon the expiration of their 
terms, all causes pending before the Superior Court shall be transferred 
to the Court of Appeals and be determined by it. 

Sec. 120. The present Clerk of the Court of Appenls shall serve 
until the expiration of the term for which he was elected, and until his 
successor is elected and qualified. At the election in the year eighteen 
hundred and ninety-seven there shall be elected by the qualified voters 
of the State a Clerk of the Court of Appeals, who shall take his office 
the first Monday in September, eighteen hundred and ninety-eight, and 
who shall hold his office until the regular election in nineteen hundred 
and three, and until his successor shall be elected and qualified. In 
nineteen hundred and three and thereafter, the Clerk of the Court of 
Appeals shall be elected at the same time as the Governor for the term 
of four years; and the said Clerk shall take his office on the first Mon- 
day in January following his election, and shall hold his office until his 
successor is elected and qualified. The Clerk shall be ineligible for the 
succeeding term. 

Sec. 121. No person shall be eligible to the office of Clerk of the 
Court of Appeals unless he is a citizen of Kentucky, a resident thereof 
for two years next preceding his election, -of the age of twenty-one 
years, and have a certificate from a Judge of the Court of Appeals that 
he has been examined by him, or by the Clerk of his Court under his 
supervision, and that he is qualified for the office. 



COKSTiTUTlON OF KEKTUCKY. 91 

Sec. 122. Should a vacancy occur in the office of the Clerk of the 
Court of Appeals, or should the Clerk be under charges, the Court of 
Appeals shall have power to appoint a Clerk until the vacancy be filled 
as provided m this Constitution, or until the Clerk be acquitted. 

Sec. ]23. The style of process shall be, "The Commonwealth of 
Kentucky." All prosecutions shall be carried on in the name and by 
the authority of the " Commonwealth of Kentucky," and conclude 
" against the peace and dignity " of the same. 

Sec. 124. The Clerks of the Court of Appeals, Circuit and County 
Courts, shall be removable from office by the Court of Appeals, upon 
information and good cause shown. The Court shall be judge of the 
facts as well as the law. Two thirds of the members present must con- 
cur in the sentence. 

CIRCUIT COURTS. 

Sec. 125. A Circuit Court shall be established in each county now 
existing, or which may hereafter be created, in this Commonwealth. 

Sec. 126. The jurisdiction of said Court shall be and remain as now 
established, hereby giving to the General Assembly the power to 
change it. 

Sec. 127. The right to appeal or sue out a writ of error shall remain 
as it now exists until altered by law, hereby o-iving to the General As- 
sembly the power to change or modify said^-fght. 

Sec. 128. At its first session after the adoption of this Constitution, 
the General Assembly, having due regard to territory, business and 
population, shall divide the State into^a sufficient number of judicial 
districts to carry into effect the provisions of this Constitution concern- 
ing Circuit Courts. In making such apportionment no county shall be 
divided, and the number of said districts, excluding those in counties 
having a population of one hundred and fifty thousand, shall not exceed 
one district for each sixty thousand of the population of the entire Stnte. 

Sec. 129. The General Assembly shall, at the same time the judicial 
districts are laid off, direct elections to be held in each district to elect a 
Judge therein. The first election of Judges of the Circuit Courts under 
this Constitution shaU take place at the annual election in the year 
e'ghteen hundred and ninety two, and the Judges then elected shall 
enter upon the discharge of the duties of their respective offices on the 
first Monday in January after their election, and hold their offices five 
years, and until their successors are elected and qualified. At the gen- 
eral election in eighteen hundred and ninety-seven, and every six years 
thereafter, there shall be an election for Judges of the Circuit Courts, 
who shall hold their offices for six years from the first Monday in Jan- 
uary succeeding their election. They shall be commissioned by the 
Governor, and continue in office until their successors shall have been 
qualified, but shall be removable in the same manner as the Judges of 
the Court of Appeals. The removal of a Judge from his district shall 
vacate his office. 

Sec. 130. No pers<jn shall be eligible as Judge of the Circuit Court 
Avho is less than thirty-five years of age when elected, who is not a citi- 
zen of Kentucky, and a resident of the district in which he may be a 
candidate two years next preceding his election, and who has not been 
a practicing lawyer eight years. 



92 MORTON^S MANUAL. 

Sec. 131. There shall be at least three regular terms of Circuit Court 
held in each county every year. 

Sec. 132. The General Assembly, when deemed necessary, may 
establish additional districts; but the whole number of districts, ex- 
clusive of counties having a popuhition of one hundred and fifty thou- 
sand, shall ncjt exceed at any time one for every sixty thousand of 
population of the State according to the last enumeration. 

Sec. 133. The Judges of the Circuit Court shall, at stated times, 
receive for their services an adequate compensation to be fixed l>y law, 
which shall be equal and uniform throughout the State, so far as the 
same shall be paid out of the State Treasury. 

Sec. 134. The Judicial Districts of the State shall not be changed 
except at the first session after an enumeration, unless upon the estab- 
lishment of a new district. 

Sec. 135. No courts, save those provided for in this Constitution, 
shall be established. 

Sec. 136. The General Assembly shall provide by law for holding 
Circuit Courts when, from any cause, the Judge shall fail to attend, or, 
if in attendance, can not properly preside. 

Sec. 137. Each county having a population of one hundred and 
fifty thousand or over shall constitute a district, wiiich shall be en- 
titled to four Judges. Additional Judges for said district may, from 
time to time, be authorized by the General Assembly, but not to ex- 
ceed one Judge for each increase of forty thousand of population in 
said county, to be ascertained by the last enumeration. Each of the 
Judges in such a district shall hold a separate court, except when a 
general term may be held for the purpose of making rules of court, 
or as may be required by law: Provided, No general term shall have 
power to review any order, decision or proceeding of any branch < f 
the Court in said district made in separate term. There shall be one 
clerk for such district who shall be known as the Clerk of the Circuit 
Court. Criminal causes shall be under" the exclusive jurisdiction of 
some one branch of said Court, and all other litigation in said district, 
of which the Circuit Court may have jurisdiction, shall be distributed 
as equally as may be between the other branches thereof, in accordance 
with the rules of the Court made in general term or as may be pre- 
scribed by law. 

Sec. 138. Each county having a city of twenty thousand inhabi- 
tants, and a population, including said city, of forty thousand or more, 
may constitute a district, and when its population reaches seventy-five 
thousand the General Assembly may provide that it shall have an addi- 
tional Judge, and such district may have a Judge for each additional 
fifty thousand population above one hundred thousand. And in such 
counties the General Assembly shall, by proper laws, direct in what 
manner the Court shall be held and the business therein conducted. 

aUARTERLY COURTS. 

Si!c. 139. There shall be established in each county now existing, or 
which may be hereafter created, in this State, a court, to be styled the 
Quarterly Court, the jurisdiction of which shall be uniform throughout 
the State, and shall be regulated by a general law, and, until changed. 



CONSTITUTION OF KENTUCKY. 93 

shall be the same as that now vested by law in the Quarterly Courts of 
this Commonwealth. The Judges of the County Court shall be the 
Judges of the Quarterly Courts. 

COUNTY COURTS. 

Sec. 140. There shall be established in each county now existing, or 
which may be hereafter created, in this IState, a court, to be styled the 
County Court, to consist of a Judge, who shall be a conservator of the 
peace, and shall receive such compensation for his services as may be 
prescribed by law. He shall be commissioned by the Governor, and 
!?hall vacate his ofl5ce by removal from the county in which he may 
have been elected. 

Sec. 141. The jurisdiction of the County Court shall be uniform 
throughout the State, and shall be regulated by general law, and, until 
changed, shall be the same as now vested in the County Courts of this 
State by law. 

JUSTICES' COURTS. 

Sec. 142. Each county now existing, or which may hereafter be 
created, in this State, shall be laid oft' into districts in such manner as 
the General Assembly may direct; but no county shall have less than 
three nor more than eight districts, in e^tch of which districts one Jus- 
tice of the Peace shall be elected as provided in section ninety-nine. 
The General Assembly shall make provisions for regulating the number 
of said districts from time to time within the limits herein prescribed, 
and for fixing the boundaries thereof. The jurisdiction of Justices of 
the Peace shall be co-extensive with the county, and shall be equal and 
uniform throughout the State. Justices of the Peace shall be conserva- 
tors of the peace. They shall be commissioned by the Governor, and 
shall vacate their offices by removal from the districts, respective y, in 
which they may have been elected. 

POLICE COURTS. 

Sec. 143. A Police Court may be established in each city and town 
in this State, with jurisdiction i?i cases of violation of municipal ordi- 
nances and by-laws occurring within the corporate limits of the city or 
town in which it is established, and such criminal jurisdiction within 
the said limits as Justices of the Peace have. The said courts may be 
authorized to act as examining courts, but shall have no civil jurisdic- 
tion : Provided, The General Assembly may confer civil jurisdiction on 
Police Courts in cities and towns of the fourth and fifth classes and in 
towns of the sixth class having a population of two hundred and fifty 
or more, which jurisdiction shall be uniform throughout the State, and 
not exceed that of Justices of the Peace. 

FISCAL COURTS. 

Sec. 144. Counties shall have a Fiscal Court, which may consist of 
the Judge of the County Court and the Justices of the Peace, in which 
court the Judge of the County Court shall preside, if present; or a 
county may have three Commissioners, to be elected from the county at 
large, who, together wnth the Judge of the County Court, shall consti- 



94 Morton's manual. 

tute the Fiscal Court. A majority of the members of said Court shall 
constitute a court for the transaction of business. But where, for county 
governmental purposes, a city is by law se[)arated from the remainder 
of the county, sucli Commissioners may be elected from the part of the 
county outside of such city. 

SUFFRAGE AND ELECTIONS. 

Sec. 145. Every male citizen of the United States of the age of 
twenty-one years, who has resided in the State one year, and in the 
county six months, and in the precinct in which he ofters to -vote sixty 
days, next preceding the election, shall be a voter in said precinct and 
not elsewhere; but the following persons are excepted and shall not 
have the right to vote : 

First: Persons convicted in any court of competent jurisdiction of 
treason, or felony, or bribery in an election, or of such high misde- 
meanor as the General Assembly may declare shall operate as an excht- 
sion from the right of suffrage ; but persons hereby excluded may be 
restored to their civil rights by executive pardon. 

Second: Persons who, at the time of the election, are in confinement 
under the judgment of a court for some penal offense. 

Third: Idiots and insane persons. 

Sec. 146. No person in the military, naval or marine service of the 
United States shall be deemed a resident of this State by reason of being 
stationed within the same. 

Sec. 147. The General Assembly shall provide by law for the regis- 
tration of all persons entitled to vote in cilies and towns having a pop- 
ulation of five thousand or more, and may provide by general law for 
the registration of other voters in the State. Where registration is 
required, only persons registered shall have the right to vote. The 
mode of registration shall be prescribed by the General Assembly. In 
all elections by persons in a representative capacity the voting shall be 
viva voce and made a matter of record ; but all elections by the people 
shall be by secret official ballot, furnished by public authority to the 
voters at the polls, and marked by each voter in private at the polls, 
and then and there deposited. The word "Elections" in this sectio!j 
includes the decision of questions submitted to the voters, as well as the 
choice of officers by them. The fir.-t General Assembl}^ held after the 
adoption of this Constitution shall pass all neces-ary laws to enforce this 
provision, and shall provide that persons illiterate, blind, or in any way 
disabled may have their ballots marked as herein required. 

Sec. 148. Not moj:'e than one election each year shall be held in this 
State or in any city, town, district, or county thereof, except as other- 
wise provided in this Constitution All elections of State, county, city, 
town or district officers shall be held on the first Tuesday after the first 
Monday in November; but no officer of any city, town, or county, or 
of any subdivision thereof, except members of municipal legislative 
boards, shall be elected in the same year in which members of the 
House of Representatives of the United States are elected. District or 
State officers, including members of the General Assembly, may be 
elected in the same year in which members of the House of Representa- 
tives of the United States are elected. All elections by the people shall 
be between the hours of six o'clock A. m. and seven o'clock P. M., but 



» 



CONSTITUTION OF KENTUCKY. 95 

the General Assembly may change said hours, and all officers of any 
election shall be residents and voters in the precinct in which they act. 
The General Assembly shall provide by law that all employers shall 
allow employes, under reasonable regulations, at least four hours on 
election days in which to cast their votes. 

Sec. 149. Voters, in all cases except treason, felony, breach or surety 
of the peace, or violation of the election laws, shall be privileged from 
arrt'st during their attendance at elections, and while they are going to 
and returning therefrom. 

Sec. 150. Every person shall be disqualified from holding any office 
of trust or profit for the term for which he shall have been elected who 
shall be convicted of having given, or consented to the giving, ofier or 
promise of any money or other thing of value, to procure his election, 
or to influence the vote of any voter at such election ; and if any cor- 
poration shall, directly or indirectl}^ ofler, promise or give, or shall 
authorize, directly or indirectly, any person to ofler, promise or give 
any money or any thing of value to influence the result of any election 
in this State, or the vote of any voter authorized to vote therein, or who 
shall afterward reimburse or compensate, in any manner whatever, any 
person who shall have offered, promised or given any money or other 
thing of value to influence the result of any election or the vote of any 
such voter, such corporation, if organized under the laAvs of this Com- 
monwealth, shall, on conviction thereof, forfeit its charter and all rights, 
privileges, and immunities thereunder; and if chartered by another 
State and doing business in this State, whether by license or upon mere 
sufi^erance, such corporation, upon conviction of either of the oflenses 
aforesaid, shall forfeit all right to carry on any business in this State; 
and it shall be the duty of the General Assembly to provide for the 
enforcement of the provisions of this section. All persons shall be 
excluded from office who have been, or shall hereafter be, convicted of 
a felony, or of such high misdemeanor as may be prescribed by law, 
but such disability mav be removed by pardon of the Governor. The 
privile2:e of free suff*rao;e shall be supported by laws regulating elec- 
tions, and prohibitin^,^under adequate penalties, all undue influence 
thereon, from power, Wberv, tumult, or other improper practices. 

Sec. 151. The General Assembly shall provide suitable means for 
depriving of office any person Avho," to procure his nomination or elec- 
tion, has, in his canvass or election, been guilty of any unlawful use of 
monev or other thing of value, or has been guilty of fraud, intimidation, 
bribery, or any other corrupt practice, and he shall be held responsible 
for acts done by others with his authority, or ratified by him. 

Sec. 152. Except as otherwise provided in this Constitution, vacan- 
cies in all elective offices shall be filled by election or appointment, as 
follows: If the unexpired term will end at the next succeeding annual 
election at which either citv, town, county, district, or State officers are 
to be elected, the office shall be filled by appointment for the remainder 
of the term. If the unexpired term will not end at the next succeed- 
in o; annual election at which either city, town, county, district, or State 
officers are to be elected, and if three months intervene before said suc- 
ceeding annual election at which either city, town, county, district, or 
State officers are to be elected, the office shall be filled by appointment 
until said election, and then said vacancy shall be filled by election for 



96 Morton's manual. 

the remainder of the term. If three months do not intervene between 
the happening of said vacancy and the next succeeding election at which 
city, town, county, district, or State officers are to be elected, the office 
shall be filled by appointment until the second succeeding annual elec- 
tion at which city, town, county, district, or State officers are to be 
elected; and then, if any part of the term remains unexpiied, the office 
shall be filled by election until the regular time for the election of 
officers to fill said offices. Vacancies in all offices for the State at large, 
or for districts larger than a county, shall be filled by appointment of 
the Governor; all other appointments shall be made as may be prescribed 
by law. No person shall ever be appointed a member of the General 
Assembly, but vacancies therein may be filled at a special election, in 
such manner as may be provided by law. 

Sec. 158. Except as otherwise herein expressly provided, the Gen- 
eral Assembly shall have power to provide by general law for the man- 
ner of voting, for ascertaining the result of elections and making due 
returns thereof, for issuing certificates or commissions to all persons 
entitled thereto, and for the trial of contested elections. 

Sec. 154. The General Assembly shall prescribe such laws as may 
be necessary for the restriction or prohibition of the sale or gift of spir- 
ituous, vinous, or malt liquors on election days. 

Sec. 155. The provisions of sections one hundred and forty-five to 
one hundred and fifty-four, inclusive, shall not apply to the election of 
school trustees and other common school district elections. Said elec- 
tions shall be regulated by the General Assembly, except as otherwise 
provided in this Constitution. 

MUNICIPALITIES. 

Sec. 156. The cities and towns of this Commonwealth, for the pur- 
poses of their organization and government, shall be divided into six 
classes. The organization and powers of each class shall be defined and 
provided for by general laws, so that all municipal corporations of the 
same class shall possess the same powers and be subject to the same re- 
strictions. To the first class shall belong cities with a population of one 
hundred thousand or more; to the second class, cities with a population 
of twenty thousand or more, and less than one hundred thousand; to 
the third class, cities with a population of eight thousand or more, and 
less than twenty thousand; to the fourth class, cities and towns with a 
population of three thousand or more, and less than eight thousand ; to 
the fifth class, cities and towns with a population of one thousand or 
more, and less than three thousand; to the sixth class, towns with a 
population of less than one thousand. The General Assembly shall 
assign the cities and towns of the Commonwealth to the classes to 
which they respectively belong, and change assignments made as the 
population of said cities and towns may increase or decrease, and in the 
absence of other satisfactory information as to their population shall be 
governed by the last preceding Federal census in so doing; but no city 
or town shall be transferred from one class to another, except in pursu- 
ance of a law previously enacted and providing therefor. The General 
Assembly, by a general law, shall provide how towns maybe organized, 
and enact laws for the government of such towns until the same are 



I 



CONSTITUTION OF KENTUCKY. 97 

assigned to one or the other of the classes above named ; but such assign- 
ment siiall be made at the first session of the General Assembly after 
the organization of said town or city. 

Slc. 157. The tax rate of cities, towns, counties, taxing districts, and 
other municipalities, for other than school purposes, shall not at any 
time exceed the following rates upon the value of the taxable property 
therein, viz: For all towns or cities having a population of fifteen thou- 
sand or more, one dollar and fifty cents on the hundred dollars; for all 
towns or cities having less than fifteen thousand and not less than ten 
thousand, one dollar on the hundred dollars; for all towns or cities hav- 
ing less than ten thousand, seventy-five cents on the hundred dollars, 
and for counties and taxing districts, fifty cents on the hundred dollars, 
unless it should be necessary to enable such city, town, county or taxmg 
district to pay the interest on, and provide a sinking fund -for the ex- 
tinction of, indebtedness contracted before the adoptK)n of this Consti- 
tution. No county, city, town, taxing district, or other municipality 
shall be authorized or permitted to become indebted, in any manner or 
for any purpose, to an amount exceeding in any year the income and 
revenue provided for such year without^ the assent of two thirds of the 
voters thereof voting at an election to be held for that purpose, and any 
indebtedness contracted in violation of this section shall be void. Nor 
shall such contract be enforceable by the person with whom made, nor 
shall such municipality ever be authorized to assume the same. 

Sec. 158. The respective cities, towns, counties, taxing districts, and 
municipalities shall not be authorized or permitted to incur indebted- 
ness to an amount, including existing indebtedness, in the aggregate 
exceeding the following named maximum percentages on the value of 
the taxable property therein, to be estimated by the assessment next 
before the last assessment previous to the incurring of the indebtedness, 
viz: Cities of the first and second classes, and of the third class having 
a population exceeding fifteen thousand, ten per centum ; cities of the 
third class having a population of less than fifteen thousand, and cities 
and towns of the^fourth class, five per centum; cities and towns of the 
fifth £fhd sixth classes, three per centum ; and counties, taxing districts, 
and other municipalities, two per centum: Provided, Any city, town, 
county, taxing district or other municipality may contract an indebted- 
ness in excess of such limitations when the same has been authorized 
under laws in force prior to the adoption of this Constitution, or when 
necessarv for the completion of and payment for a public improvement 
undertaken and not completed and paid for at the time of the adoption 
of this Constitution: A?2d provided further, If, at the time of the adop- 
tion of this Constitution, the aggregate indebtedness, bonded or floating, 
of anv citv, town, county, taxin^g district or other municipality, includ- 
ing that which it has been or may be authorized to contract as herein 
provided, shall exceed the limit herein prescribed, then no such city or 
town shall be authorized or permitted to increase its indebtedness in an 
amount exceeding two per centum, and no such county, taxing district 
or other municipality, in an amount exceeding one per centum, in the 
aggregate upon the value of the taxable property therein, to be ascer- 
tained as herein provided, until the aggregate of its indebtedness shall 
have been reduced below the limit herein fixed, and thereafter it shall 
not exceed the limit, unless in case of emergency the public health or 



98 Morton's manual, 

safety should so require. Nothing herein shall prevent the issue of 
renewal bonds, or bonds to fund the floating indebtedness of any city, 
town, county, taxing district or other municipality. 

Sec. I59I! Whenever any county, city, town, taxing district or other 
municipality is authorized to contract an indebtedness, it shall be re- 
quired at the same time to provide for tlie collection of an annual tax 
sufficient to pay the interest on said indebtedness, and to create a sink- 
ing fund for the payment of the principal thereof, within not more than 
forty years from the time of contracting the same. ^ 

Sec. 160. The Mayor or Chief Executive, Police Judges, members 
of leo'islative boards or councils of towns and cities shall be elected by 
the qualified voters thereof: Provided, The Mayor or Chief Executi\ e 
and Police Judges of the towns of the fourth, fifth, and sixth classes may 
be appointed or elected as provided by law. The terms of office of 
Mayors or Chief Executives and Police Judges shall be four years, and 
until their successors shall be qualified; and of members of legislative 
boards, two years. When any city of the first or second class is divided 
into wards or districts, members of legislative boards shall be elected at 
large by the qualified voters of said city, but so selected that an equal 
proportion thereof shall reside in each of the said wards or districts ; 
but when in any city of the first, second or third class there are two leg- 
islative boards, the less numerous shall be selected from and elected by 
the voters at large of said city; but other officers of towns or cities shall 
be elected by the qualified voters therein, or appointed by the local 
authorities thereof, as the General Assembly may by a general law pro- 
vide ; but when elected by the voters of a town or city, their terms of 
office shall be four years, and until their successors shall be qualified. 
No Mayor or Chief Executive or fiscal officer of any city of the first or 
second class, after the expiration of the term of office to which he has 
been elected under this Constitution, shall be eligible for the succeeding 
term. "Fiscal officer'' shall not include an Auditor or Assessor, or any 
other officer whose chief duty is not the collection or holding of public 
moneys. The General Assembly shall prescribe the qualifications of all 
officers of towns and cities, the manner in and causes for which the? may 
be removed from office, and how vacancies in such offices may be'filled. 

Sec. 161. The compensation of any city, county, town or municipai 
officer shall not be changed after his election or appointment, or durino; 
his term of office, nor shall the term of any such officer be extended 
beyond the period for which he may have been elected or appointed. 

Sec. 162. No county, city, town or other municipalitv shall ever be 
authorized or permitted to pay any claim created against it, under any 
agreement or contract made without express authoritv of law, and all 
such unauthorized agreements or contracts shall be null and void. 

Sec. 163. No street railway, gas, water, steam-heating, telephone or 
electric light company within a city or town shall be permitted or au- 
thorized to construct its tracks, lay its pipes or mains, or erect its poles, 
posts or other apparatus along, over, under or across the streets, alleys 
or public grounds of a city or town without the consent of the proper 
legislative bodies or boards of such city or town being first obtained; 
but when charters have been heretofore granted conferring such rights, 
and work has in good ftxith been begun thereunder, the provisions of 
this section shall not apply. 



4J 



CONSTITUTION OF KENTUCKY. 99 

Sec. 164. Xo county, city, town, taxing district or other municipality 
shall be authorized or permiLted to grant any franchise or privilege, oV 
make any contract in reference thereto, for a term exceeding twenty 
years. Before granting such franchise or privilege for a term of years, 
such municipality shall first, after due advertisement, receive bids there- 
for publicly, and award the same to the highest and best bidder; but it 
shall have the right to reject any or all bid.^. This section shall not 
apply to a trunk railway. 

Sec. 165. Xo person shall at the same time be a State officer or a 
deputy officer, or member of the General Assembly, and an officer of 
any county, city, town, or other municipality, or an employe thereof; 
and no person shall at the same time fill two municipal offices, either 
in the same or difierent municipalities, except as may be otherwise pro- 
vided in this Constitution; but a Xotary Public or an officer of the Mili- 
tia shall not be ineligible to hold any other office mentioned in this 
section. 

Sec. 166. All acts of incorporation of cities and towns heretofore 
granted, and all amendments thereto, except as provided in section one 
hundred and sixty-seven, shall continue in force under this Constitu- 
tion; and all city and police courts established in any city or town shall 
remain, with their present powers and jurisdictions, until such time as 
the General Assembly shall provide by general laws for the government 
of towns and cities, and the officers and courts thereof; but not longer 
than four years from and after the first day of January, one thousand 
ei2:ht hundred and ninet3'-one, within which time the General Assembly 
sliall provide by general laws for the government of towns and cities, 
and the officers and courts thereof, as provided in this Constitution. 

Sec. 167. AH city and town officers in this State shall be elected or 
appointed as provided in the charter of each respective town and city 
until the 2:eneral election in November, eighteen hundred and ninety- 
three and"" until their successors shall be elected and qualified, at which 
time the terms of all such officers shall expire; and at that election, and 
thereafter a^ their terms of office may expire, all officers required to be 
elected in citie> and towns bv this Constitution, or by general laws 
enacted in conformitv to its provisions, shall be elected at the general 
elections in November, but only in the odd years, except members of 
municipal legislative boards, who may be elected either m the even or 
odd vears, or part in the even and part in the odd yenvs: Provided, 
That" the term^ of office of Police Judcres, who were ejected for four 
vear== at the Auo-ust election, eiirhteen hundred and ninety, shall expire 
"Au^-u-^t thirtv-first. eighteen hundred and ninety-four, and the terms 
of Police Judcre^ elected in November, eighteen hundred and ninety- 
three ^hall beo-in September first, eis^hteen hundred and ninety-four, 
and continue until the November election, eighteen hundred and nmety- 
^even and until their successors are elected and qualified. ^ ^ 

Sec 168 No municipal ordinance shall fix a penalty for a violation 
thereof'at less than that imposed by statute for the same offense. A con- 
viction or acquittal under either shall constitute a bar to another pros- 
ecution for the same offense. 



100 Morton's manual. 



REVENUE AND TAXATION. 

Sec. 169. The fiscal year shall commence on the first day of July in 
each year, unless otherwise provided by law. 

Sec. 170. There shall be exempt from taxation public property used 
for public purposes; places actually used for religious worship, with the 
2:rounds attached thereto and used and appurtenant to the house of wor- 
ship, not exceeding one half acre in cities or towns, and not exceeding 
two acres in the country; places of bunal not held for private or corpo- 
rate profit, institutions of purely public charity, and institutions of edu- 
cation not used or employed for gain by any person or corporation, and 
the income of which is devoted solely to the cause of education; public 
libraries, their endowments, and the income of such property as is used 
exclusively for their maintenance; all parsonages or residences owned 
by any religious society, and occupied as a home, and for no other pur- 
pose, by the minister of any religion, with not exceeding one half acre 
of ground in towns and cities, and two acres of ground in the country 
appurtenant thereto; household goods and other personal property of a 
person with a family, not exceeding two hundred and fifty dollars in 
value ; crops grown in the year in which the assessment is made and in 
the hands of the producer, and all laws exempting or commuting prop- 
erty from taxation other than the property above mentioned shall be 
void. The General Assembly may authorize any incorporated city or 
town to exempt manufacturing establishments from municipal taxation 
for a period not exceeding five years, as an inducement to their location. 

Sec. 171. The General Assembly shall provide by law an annual tax, 
which, with other resources, shall be sufladent to defray the estimated 
expenses of the Common wealth for each fiscal year. Taxes shall be levied 
and collected for public purposes only. They shall be uniform upon all 
property subject to taxation within the territorial limits of the authority 
levying the tax, and all taxes shall be levied and collected by general 
laws. 

Sec. 172. All property not exempted from taxation by this Consti- 
tution shall be assessed for taxation at its fair cash value, estimated at 
the price it would bring at a fair voluntary sale, and any officer or other 
person authorized to assess values for taxation who shall commit anv 
willful error in the performance of his duty shall be deemed guilty of 
misfeasance, and upon conviction thereof shall forfeit his office and be 
otherwise punished as maybe provided bylaw. 

Sec. 173. The receiving, directly or indirectly, by any officer of the 
Commonwealth or of any county, city or town, or member or officer of 
the General Assembly, of any interest, profit or perquisites arising from 
the use or loan of public funds in his hands, or monevs to be' raised 
through his agency for State, city, town, district or countv purposes, 
shall be deemed a felony. Said offense shall be punished as maybe pre- 
scribed by law, a part of which punishment shall be disqualification to 
hold office. 

Sec. 174. All property, whether owned by natural persons or corpo- 
rations, shall be taxed in proportion to its value, unless exempted by 
this Constitution, and all corporate property shall pay the same rate of 
taxation paid by individual property. Nothing in this Constitution 



CONSTlTUTIOX OF KENTUCKY. 101 

shall be construed to prevent the General Assembly from providing for 
taxation based on income, licenses or franchises. 

Sec. 175. The power to tax property shall not be surrendered or sus- 
pended by any contract or grant to which the Commonwealth shall be 
a party. 

Sec. 176. The Commonwealth shall not assume the debt of any 
county, municipal corporation or political subdivision of the State, un- 
less such debt shall have been contracted to defend itself in tiaie of war, 
to repel invasion or to suppress insurrection. 

Sec. 177. Tlie credit of the Commonwealth shall not be given, 
pledged or loaned to any individual, company, corporation or associa- 
tion, municipality, or political subdivision of the State, nor shall the 
Commonw^ealth become an owner or stockholder in nor make donation 
to any company, association or corporation, nor shall the Commonwealth 
construct a railroad or other highway. 

Sec. 178. All laws authorizing the borrowing of money by and on 
behalf of the Commonwealth, county or other political subdivision of the 
State, shall specify the purpose for which the money is to be used, and 
the money so borrowed shall be used for no other purpose. 

Sec. 179. The General Assembly shall not authorize any county 
or subdivision thereof, city, town or incorporated district to become a 
stockholder in any company, association or corporation, or to obtain or 
appropriate money for, or to loan its credit to, any corporation, associa- 
tion or individual, except for the purpose of constructing or maintaining 
bridges, turnpike roads, or gravel roads : Provided, If any municipal cor- 
poration shall offer to the Commonwealth any property or money for 
locating or building a Capitol, and the Commonwealth accepts such 
offer, the corporation may comply with the offer. _ 

Sec. 180. The General Assembly ma}" authorize the counties, cities 
or towns to lew a poll-tax not exceeding one dollar and fifty cents per 
head. Every act enacted by the General Assembly, and every ordi- 
nance and resolution passed by any county, city, town or municipal 
board or local legislative body, levying a tax, shall specify distinctly 
the purpose for which said tax is levied, and no tax levied and collected 
for one purpose shall ever be devoted to another purpose. 

Sec. 181. The General Assembly shall not impose taxes for the pur- 
poses of any countv, city, tow^n or other municipal corporation, but may, 
bv general* laws, confer on the proper authorities thereof respectively 
the power to assess and collect such taxes. The General Assembly may, 
by o;eneral laws only, provide for the payment of license fees on fran- 
chisees, stock used for breeding purposes, the various trades, occupations 
and professions, or a special or excise tax; and may, by general laws, 
delegate the power to counties, towns, cities and other municipal cor- 
pora'tions to impose and collect license fees on stock used for breeding 
purposes, on franchises, trades, occupations, and professions. 

Sec. 182. Nothing in this Constitution shall be construed to pre- 
vent the General Assembly from providing by law how railroads and 
railroad property shall be ^assessed and how taxes thereon shall be col- 
lected. And until otherwise provided the present law on said subject 
shall remain in force. 



102 



EDUCATION. 



Sec. 183. The General Assembly shall, by appropriate legislation, 
provide for an efficient system of common schools throughout the JState. 

Sec. 184. The bond of the Commonwealth issued in favor of the 
Board of Education for the sum of one million three hundred and 
twenty-seven thousand dollars shall constitute one bond of the Com- 
monwealth in favor of the Board of Education, and this bond and the 
seventy-three thousand live hundred dollars of the stock in the Bank of 
Kentucky, held by the Board of Education, and its proceeds, shall be 
held inviolate for the purpose of sustaining the system of common 
schools. The interest and dividends of said fund, together with any 
sum which may be produced by taxation or otherwise for purposes of 
common school education, shall be appropriated to the common schools, 
and to no other purpose. No sum shall be raised or collected for edu- 
cation other than in common schools until the question of taxation is 
submitted to the legal voters, and the majority of the votes cast at said 
election shall be in favor of such taxation: Provided, The tax now im- 
posed for educational purposes and for the endowment and maintenance 
of the Agricultural and Mechanical College shall remain until changed 
by law. 

Sec. 185. The General Assembly shall make provision by law for 
the payment of the interest of said school fund, and may provide for 
the sale of the stock in the Bank of Kentucky; and in case of a sale of 
all or any part of said stock, the proceeds of sale shall be invested by 
the Sinking Fund Commissioners in other good interest-bearing stocks 
or bonds, which shall be subject to sale and reinvestment, from time to 
time, in like manner and with the same restrictions as provided with 
reference to the sale of the said stock in the Bank of Kentucky. 

Sec. 186. Each county in the Commonwealth shall be entitled to its 
proportion of the school fund on its census of pupil children for each 
school year, and if the pro rata share of any school district be not called 
for after the second school year, it shall be covered into the treasury and 
be placed to the credit of the school fund for general apportionment the 
following school year. The surplus now due the several counties shall 
remain a perpetual obligation against the Commonwealth for the ben- 
efit of said respective counties, for which the Commonwealth shall exe- 
cute its bond, bearing interest at the rate of six per centum per annum, 
payable annually to the counties respectively entitled to the same, and 
in the proportion to which they are entitled, to be used exclusively in 
aid of common schools. 

Sec. 187. In distributing the school fund no distinction shall be 
made on account of race or color, and separate schools for white and 
colored children shall be maintained. 

Sec. 188. So much of any moneys as may be received by the Com- 
monwealth from the United States under the recent act of Con2:ress 
refunding the direct tax shall become a part of the school fund, an^d be 
held as provided in section one hundred and eighty-four; but the Gen- 
eral Assembly may authorize the use by the Commonwealth of the 
moneys so received or any part thereof, in which event a bond shall be 
executed to the Board of Education for the amount so used, which bond 



J 



CONSTITUTION OF KENTUCKY. 103 

shall be held on the same terms and conditions, and subject to the pro- 
visions of section one hundred and eighty-four, concerning the bond 
therein referred to. 

Sec. 189. Xo portion of any fund or tax now existing, or that m-v 
hereafter be raised or levied for educational purposes, shall be appro 
priated to or used by or in aid of any church, sectarian or denomina- 
tional school. 

CORPORATIONS. 

Sec. 190. No corporation in existence at the time of the adoption of 
this Constitution shall have the benefit of future legislation without 
tirst filing in the ofiice of the Secretary of State an acceptance of the 
provisions of this Constitution. 

Sec. 191. All existing charters or grants of special or exclusive priv- 
ileges, under which a bona fide organization shall not have taken place 
and business been commenced in good faith at the time of the adoption 
of this Constitution, shall thereafter be void and of no efif^ect. 

Sec 192. Xo corporation shall enga^-e in business other than that 
expressly authorized by its charter or the law under which it may have 
been or hereafter may be organized, nor shall it hold any real estate, 
except such as may be proper and necessary for carrvino;*'on its legiti- 
mate business, for a longer period than fiVe vears, 'under penalty of 
escheat. 

Sec. 193. Xo corporation shall issue stock or bonds except for an 
equivalent in money paid or labor done, or property actually received 
and applied to the ptirposes for which such corporation wa"s created, 
and neither labor nor property shall be received in payment of stock or 
bonds at a greater value than the market price at the time said labor 
was done or property delivered, and all fictitious increase of stock or 
indebtedness shall be void. 

Sec. 194. All corporations formed under the laws of this State, or 
carrying on business in this State, shall at all times have one or more 
known places of business in this State, and an authorized agent or 
agents there, upon whom process may be executed, and the General 
Assembly shall enact laws to carry into effect the provisions of this sec- 
tion. 

Sec. 195. The Commonwealth, in the exercise of the right of emi- 
nent domain, shall have and retain the same powers to take the prop- 
erty and franchises of incorporated companies for public use which it 
has and retains to take ihe property of individuals, and the exercise of 
the police powers of this Commonwealth shall never be abridged nor 
so construed as to permit corporations to conduct their business in such 
manner as to infringe upon the equal rights of individuals. 

Sec. 196. Transportation of freight and passengers by railroad, 
steamboat or other common carrier shall be so regulated by general 
law as to prevent unjust discrimination. Xo common carrier shall be 
permitted to. contract for relief from its common law liability. 

Sec. 197. Xo railroad, steamboat or other common carrier, under 
heavy penalty to be fixed by the General Assembly, shall give a free 
pass or passes, or shall, at reduced rates not common to the public, sell 
tickets for transportation to any State, district, city, town or county oflS- 
eer, or member of the General Assembly, or Judge; and any State, 



104 Morton's manual. 

district, city, town or county officer, or member of the General Assem- 
bly, or Judge, who shall accept or use a free pass or passes, or shall 
receive or use tickets or transportation at reduced rates not common to 
the public, shall forfeit his office. It shall be the duty of the General 
Assembly to enact laws to enforce the provisions of this section. 

Sec. 198. It shall be the duty of the General Assembly from time 
to time, as necessity may require, to enact such laws as may be neces- 
sary to' prevent all trusts, pools, combinations or other organizations 
from combining to depreciate below its real value any article, or to 
enhance the cost of any article above its real value. 

8ec. 199. Any association or corporation, or the lessees or managers 
thereof, organized for the purpose, or any individual, shall have the 
right to construct and maintain lines of telegraph within this State, and 
to connect the same with other lines, and said companies shall receive 
and transmit each other's messages without unreasonable delay or dis- 
crimination, and all such companies are hereby declared to be common 
carriers and subject to legislative control. Telephone companies oper- 
ating exchanges in different towns or cities, or other public stations, 
shall receive and transmit each other's messages without unreasonable 
delay or discrimination. The General Assembly shall, by general laws 
of uniform operation, provide reasonable regulations to give full etlect 
to this section. Nothing herein shall be construed to interfere with the 
rights of cities or towns to arrange and control their streets and alleys, 
and to designate the places at which and the manner in which the wires 
of such companies shall be erected or laid within the limits of such city 
or town. 

Sec. 200. If any railroad, telegraph, express or other corporation, 
organized under the laws of this Commonwealth, shall consolidate by 
sale or otherwise with any railroad, telegraph, express or other corpo- 
ration organized under the laws of any other State, the same shall not 
thereby become a foreign corporation, but the courts of this Common- 
wealth shall retain jurisdiction over that part of the corporate property 
within the limits of this State in all matters which may arise, as if said 
consolidation had not taken place. 

Sec. 201. No railroad, telegraph, telephone, bridge or common car- 
rier company shall consolidate its capital stock, franchises or property, 
or pool its earnings, in whole or in part, with any other railroad, tele- 
graph, telephone, bridge or common carrier company owning a parallel 
or competing line or structure, or acquire by purchase, lease or other- 
wise any pai-allel or competing line or structure, or operate the same; 
nor shall any railroad company or other common carrier combine or 
make any contract with the owners of any vessel that leaves or makes 
port in this State, or with any common carrier, by which combination 
or contract the earnings of one doing the carrying are to be shared by 
the other not doing the carrying. 

Sec. 202. No corporation organized outside the limits of this State 
shall be allowed to transact business within the State on more favorable 
conditions than are prescribed by law to similar corporations organized 
under the laws of this Commonwealth. 

Sec. 208. No corporation shall lease or alienate any franchise so as 
to relieve the franchise or property held thereunder from the liabilities 



CONSTITUTION OF KENTUCKY. 105 

of the lessor or grantor, lessee or grantee, contracted or incurred in the 
operation, use or enjoyment of such franchise, or an}^ of its privileges. 

8ec. 204. Any president, director, manager, cashier or other officer 
of any banking institution or association for the deposit or loan of 
mcney, or any individual banker, who shall receive or assent to the 
receiving of deposits after he shall have knowledge of the fact that 
such banking institution or association or individual banker is insol- 
vent, shall be individually responsible for such deposits so received, and 
shall be guilty of felony and subject to such punishment as shall be }.re- 
scribed by law. 

Sec. 205. The General Assembly shall by general laws provide for 
the revocation or forfeiture of the charters o*f all corporations guilty of 
abuse or misuse of their corporate powers, privileges or franchises, or 
whenever said corporations become detrimental to the interest and wel- 
fare of the Commonwealth or its citizens. 

Sec. 206. All elevators or storehouses where grain or other property 
is stored for a compensation, whether the property stored be kept sep- 
arate or not, are declared to be public warehouses, subject to legislative 
control, and the General Assembly shall enact laws for the inspection of 
grain, tobacco and other produce, and for the protection uf producers, 
shippers and receivers of grain, tobacco, and other produce. 

Sec. 207. In all elections for directors or managers of any corpora- 
tion each shareholder shall have the right to cast as m.any votes in the 
aggregate as he shall be entitled to vote in said company imder its char- 
ter, multiplied by the number of directors or managers to be elected at 
such election, and each shareholder may cast the w^hole number of votes, 
either in person or by proxy, for one candidate, or distribute such votes 
among two or more candidates, and such directors or managers shall not 
be elected in any other manner. 

Sec. 208. The word corporation as used in this Constitution shall 
embrace joint stock companies and associations. 

RAILROADS AND COMMERCE. 

Sec. 209. A commission is hereby established, to be known as "The 
Railroad Commission," which shall be composed of three Commission- 
ers. During the session of the General Assembly which convenes in 
December, eighteen hundred and ninety-one, and before the first day of 
June, eighteen hundred and ninety-two^, the Governor shall appoint, by 
and with the advice and consent of the Senate, said three Commission- 
ers, one from each Superior Court district as now established, and siiid 
appointees shall take their office at the expiration of the terms of the 
present incumbents. The Commissioners so appointed shall continue 
in office during the term of the present Governor, and until their suc- 
cessors are elected and qualified. At the regular election in eighteen 
hundred and ninety-five and every four years thereafter, the Commis- 
sioners shall be elected, one in each Superior Court district, by the qual- 
ified voters thereof, at the same time and for the same term as the Gov- 
ernor. No person shall be eligible to said office unless he be at the time 
of his election at least thirtj^ years of age, a citizen of Kentucky two 
years, and a resident of the district from which he is chosen one year 
next preceding his election. Any vacancy in this office shall be filled 



106 MORTON^S MANUAL. 

as provided in section one hundred and fifty-two of this Constitution. 
The General Assembly may from time to time change said districts so 
as to equalize the population thereof, and may, if deemed expedient, 
require that the Commissioners be all elected by the qualified voters of 
the State at large. And, if so required, one Commissioner shall be from 
each district. No person in the service of any railroad or common car- 
rier company or corporation, or of any firm or association conducting, 
business as a common carrier, or in anywise pecuniarily interested in 
such company, corporation, firm or association, or in the railroad busi- 
ness, or as a common carrier, shall hold such office. The powers and 
duties of the Eailroad Commissioners shall be regulated by law, and 
until otherwise provided by law the Commission so created shall have 
the same powers and jurisdiction, perform the same duties, be subject 
to the same regulations, and receive the same compensation as now con- 
ferred, prescribed and allowed by law to the existing Kailroad Commis- 
sioners. The General Assembly may, for cause, address any of said 
Commissioners out of office by similar proceedings as in the case of 
Judges of the Court of Appeals, and the General -Assembly shall enact 
laws to prevent the nonfeasance and misfeasance in office of said Com- 
missioners, and to impose proper penalties therefor. 

Sec. 210. No corporation engaged in the business of common carrier 
shall, directly or indirectly, own, manage, operate, or engage in any other 
business than that of a common carrier, or hold, own, lease or acquire, 
directly or indirectly, mines, factories or timber, except such as shall be 
necessary to carry on its business, and the General Assembly shall enact 
laws to give effect to the provisions of this section. 

Sec. 211. No railroad corporation organized under the laws of any 
other State, or of the United States, and doing business, or proposing to 
do business, in this State, shall be entitled to the benefit of the right of 
eminent domain or have power to acquire the right of way or real estate 
for depot or other uses, until it shall have become a body corporate pur- 
suant to and in accordance with the laws of this Commonwealth. 

Sec. 212. The rolling stock and other movable property belonging 
to any railroad corporation or company in this State shall be consid- 
ered personal property, and shall be liable to execution and sale in the 
same manner as the personal property of individuals. The earnings of 
any railroad company or corporation, and choses in action, money and 
personal property of all kinds belonging to it, in the hands or under 
the control of any officer, agent or employe of such corporation or com- 
pany, shall be subject to process of attachment to the same extent and 
m the same manner as like property of individuals when in the hands 
or under the control of other persons. Any such earnings, choses in 
action, mon.ey or other personal property may be subjected to the pay- 
ment of any judgment against such corporation or companv, in the 
same manner and to the same extent as such property of individuals in 
the hands of third persons. 

Sec. 213. All railroad, transfer, belt lines and railway bridge com- 
panies, organized under the laws of Kentucky, or operating, ni^aintain- 
ing or controlling any railroad, transfer, belt lines or bridges, or doing a 
railway business in this State, shall receive, transfer, deliver, and switch 
empty or loaded cars, and shall move, transport, receive, load or unload 
all the freight in car loads or less quantities, coming to or going from 



« 



I 



CONSTITUTION OF KENTUCKY. 107 

any railroad, transfer, belt line, bridge or siding thereon, with equal 
promptness and dispatch, and without any discrimination as to charges, 
preference, drawback or rebate in favor of any person, corporation, con- 
signee or consignor, in any matter as to payment, transportation, hand- 
ling or delivery; and shall so receive, deliver, transfer and transport all 
freight as above set forth, from and to any point where there is a phvs- 
ical connection between the tracks of said companies. But this sectfon 
shall not be construed as requiring any such common carrier to allow 
the use of its tracks for the trains of another engaged in like business. 

Sec. 214. No railway, transfer, belt line or railway bridge company 
shall make any exclusive or preferential contract or "^arrangement with 
any individual, association or corporation for the receipt, transfer, deliv- 
ery, transportation, handling, care or custody of any freight, or for the 
conduct of any business as a common carrier. 

Sec. 215. All railway, transfer, belt lines or railway bridge compa- 
nies shall receive, load, unload, transport, haul, deliver and handle 
freight Of the same class for all persons, associations or corporations 
from and to the same points and upon the same conditions, in the same 
manner and for the same charges and for the same method of payment. 

Sec. 216. All railway-, transfer, belt lines and railway bridge compa- 
nies shall allow the tracks of each other to unite, intersect and cross at any 
point where such union, intersection and crossing is reasonable or feasible. 

Sec. 217. Any person, association or corporation willfully or know- 
ingly violating any of the provisions of sections two hundred and thir- 
teen, two hundred and fourteen, two hundred and fifteen or two hun- 
dred and sixteen shall, upon conviction by a court of competent juris- 
diction, for the first ofiense be fined two thousand dollars; for the second 
offense, five thousand dollars, and for the third ofiense shall thereupon, 
ipso facto, forfeit its franchises, privileges or charter rights; and if such 
delinquent be a foreign corporation, it shall, ipso facto, forfeit its right 
to do business in this State, and the Attorney-General of the Common- 
wealth shall forthwith, upon notice of the violation of any of said pro- 
visions, institute proceedings to enforce the provisions of the aforesaid 
sections. 

Sec. 218. It shall be unlawful for any person or corporation owning 
or operatino; a railroad in this State, or any common carrier, to charge 
or receive anv crreater compensation in the aggregate for the transpor- 
tation of passengers, or of property of like kind, under substantially 
similar circumstances and conditions, for a shorter than for a longer 
distance over the same line, in the same direction, the shorter being 
included within the longer distance; but this shall not be construed as 
authorizing; anv common carrier, or person or corporation, owning or 
operating; a railroad in this State, to receive as great compensation for a 
shorter a^s for a longer distance: Provided, That upon application to the 
Railroad Commission, such common carrier or person or corporation 
owning or operating a railroad in this State may, in special cases, after 
investi2:ation by the Commission, be authorized to charge less for longer 
than for shorter distances for the transportation of passengers or prop- 
ertv, and the Commission may from time to time prescribe the extent 
to which such common carrier, or person or corporation, owning or 
operating; a railroad in this State, mny be relieved from the operations 
of this section. 



108 Morton's manual. 



THE MILITIA. 



Sec. 219. The militia of the Commonwealth of Kentucky shall con- 
sist of all able-hodied male residents of the State between the ages of 
eighteen and forty-five years, except such persons as may be exempted 
by tbe laws of the State or of the United States. 

Sec. 220. The General Assembly shall provide for maintaining an 
organized militia, and may exempt from military service persons hav- 
ing conscientious scruples against bearing arms, but such persons shall 
pay an equivalent for such exemption. 

Sec. 221. The organization, equipment and discipline of the militia 
shall conform as nearly as practicable to the regulations for the govern- 
ment of the armies of the United States. 

Sec. 222. All militia officers whose appointment is not herein other- 
wise provided for shall be elected by persons subject to military duty 
within their respective companies, battalions, regiments or other com- 
mands, under such rules and regulations and for such terms, not exceed- 
ing four years, as the General Assembly may from time to time direct 
and establish. The Governor shall appoint an Adjutant-General and 
hU\ other staff officers; the generals and commandants of regiments and 
battalions shall respectively appoint their staff officers, and the com- 
mandants of companies shall, subject to the approval of their regi- 
mental or battalion commanders, appoint their non-commissioned offi- 
cers. The Governor shall have power to fill vacancies that may occur 
in elective offices by granting commissions, which shall expire when 
such vacancies have been filled according to the provisions of this Con- 
stitution. 

Sec. 223. The General Assembly shall provide for the safe-keeping 
of the public arms, military records, relics and banners of the Common- 
wealth of Kentucky. 

GENERAL PROVISIONS. 

Sec. 224. The General Assembly shall provide by a general law 
what officers shall execute bond for the faithful discharge of their 
duties, and fix the liability therein. 

Sec. 225. ^o armed person or bodies of men shall be brought into 
this State for the preservation of the peace or the suppression of domes- 
tic violence, except upon the application of the General Assembly or of 
the Governor when the General Assembly may not be in session. 

Sec. 226. Lotteries and gift enterprises are forbidden, and no privi- 
leges shall be granted for such purposes, and none shall be exercised, 
and no schemes for similar purposes shall be allowed. The General As- 
sembly shall enforce this section by proper penalties. All lottery priv- 
ileges or charters heretofore granted are revoked. 

Sec. 227. Judges of the County Court, Justices of the Peace, Sheriffs, 
Coroners, Surveyors, Jailers, Assessors, County Attorneys, and Consta- 
bles shall be subject to indictment or prosecution for misfeasance or 
malfeasance in office, or willful neglect in discharge of official duties, in 
such mode as may be prescribed by law; and upon conviction his office 
shall become vacant, but such officer shall have the right of appeal to 
the Court of Appeals. 



i 



CONSTITUTION OF KENTUCKY. 109 

Sec. 228. Members of the General Assembly and all officers, before 
they enter upon the execution of the duties of their respective offices, 
and all members of the bar, before they enter upon the practice of their 
profession, shall take the following oath or affirmation: I do solemnly 
swear (or affirm, as the case may be) that I will support the Constitu- 
tion of the United States and the Constitution of this Commonwealth, 
and be faithful and true to the Commonwealth of Kentucky so long as 
I continue a citizen thereof, and that I will faithfully execute, to the 
best of my ability, the office of according to law; and I do fur- 
ther solemnly swear (or affirm) that since the adoption of the present 
Constitution I, being a citizen of this State, have not fought a duel with 
deadly w^eapons within this State nor out of it, nor have I sent or ac- 
cepted a challenge to fight a duel with deadly weapons, nor have I acted 
as second in carrying a challenge, nor aided' or assisted any person thus 
offending, so help me God. 

Sec. 229. Treason against the Commonwealth shall consist only in 
levying war against it or in adhering to its enemies, giving them aid 
and comfort. Xo person shall be convicted of treason except on the 
testimony of two witnesses to the same overt act, or his own confession 
in open court. 

Sec. 230. No money shall be drawn from the State Treasury except 
in pursuance of appropriations made by law; and a regular statement 
and account of the receipts and expenditures of all public money shall 
be published annually. 

Sec. 231. The General Assembly may by law direct in what manner 
and in what courts suits may be brought against the Commonwealth. 

Sec. 232. The manner of administering an oath or affirmation shall 
be such as is most consistent with the conscience of the deponent, and 
shall be esteemed by the General Assembly the most solemn appeal to 
God. 

Sec. 233. All laws which on the first day of June, one thousand 
seven hundred and ninety-two, w^ere in force in the State of Virginia, 
and which are of a general nature and not local to that State, and not 
repugnant to this Constitution, nor to the laws which have been enacted 
by the General Assembly of this Commonwealth, shall be in force within 
this State until they shall be altered or repealed by the General Assembly. 

Sec. 234. All civil officers for the State at large shall reside within 
the State, and all district, county, city or town officers shall reside within 
their respective districts, counties, cities or towns, and shall keep their 
offices at such places therein as may be required by law. 

Sec. 235. The salaries of public officers shall not be changed during 
the terms for which they were elected, but it shall be the dut}" of the 
General Assembly to regulate, by a general law, in what cases and what 
deductions shall be made for neglect of official duties. This section shall 
apply to members of the General Assembly also. 

Sec. 236. The General Assembly shall by law prescribe the time 
when the several officers authorized or directed by this Constitution 
to be elected or appointed shall enter upon the duties of their respective 
offices, except where the time is fixed by this Constitution. 

Sec. 237. No member of Congress or person holding or exerci-ing 
an office of trust or profit under the United States, or any of them, or 
under any foreign power, shall be eligible to hold or exercise any office 



110 Morton's manual. 

of trust or profit under this Constitution or the laws made in pursuance 
thereof. 

Sec. 238. The General Assembly shall direct by law how persons 
who now are or may hereafter become sureties for public of&cers may 
be relieved of or discharged from suretyship. 

Sec. 239. Any person who shall, after the adoption of this Constitu- 
tion, either directly or indirectly give, accept or knowingly carry a chal- 
lenge to any person or persons to fight in single combat with a citizen 
of this State, with a deadly weapon, either in or out of the State, shall 
be deprived of the right to hold any office of honor or profit in this 
Commonwealth; and if said acts or any of them be committed within 
this State, the person or persons so committing them shall be further 
punished in such manner as the General Assembly may prescribe by 
law. 

Sec. 240. The Governor shall have power, after five years from the 
time of the offense, to pardon any person who shall have participated in 
a duel as principal, second or otherwise, and to restore him to all the 
rights, privileges and immunities to which he was entitled before such 
participation. Upon presentation of such pardon the oath prescribed 
in section two hundred and twenty-eight shall be varied to suit the 
case. 

Sec. 241. Whenever the death of a person shall result from an injury 
inflicted by negligence or wrongful act, then in every such case damages 
may be recoverecl for such death from the coiporations and persons so 
causing the same. Until otherwise provided by law, the action to 
recover such damages shall in all cases be prosecuted by the personal 
representative of the deceased person. The General Assembly may 
provide how the recovery shall go and to whom belong, and until such 
provision is made the same shall form part of the personal estate of the 
deceased person. 

Sec. 242. Municipal and other corporations, and individuals invested 
with the privilege of taking private property for public use, shall make 
just compensation for property taken, injured or destroyed by them, 
which compensation shall be paid before such taking, or paid or secured, 
at the election of such corporation or individual, before such injury or 
destruction. The General Assembly shall not deprive any person of an 
appeal from any preliminary assessment of damages against any such 
corporation or individual made by Commissioners or otherwise; and 
upon appeal from such preliminary assessment the amount of such dam- 
ages shall in all cases be determined by a jury, according to the course 
of the common law. 

Sec. 243. The General Assembly shall by law fix the minimum ages 
at which children maybe employed in places dangerous to life or health, 
or injurious to morals, and shall provide adequate penalties for viola- 
tions of such law. 

Sec. 244. All wage-earners in this State employed in factories, mines, 
workshops, or by corporations, shall be paid for their labor in lawful 
money. The General Assembly shall prescribe adequate penalties fur 
violations of this section. 

Sec. 245. Upon the promulgation of this Constitution the Governor 
shall appoint three persons learned in the law, who shall be Commis- 
sioners, to revise the statute laws of this Commonwealth and prepare 



CONSTITUTION OF KENTUCKY. Ill 

amendments thereto, to the end that the statute hiws shall conform to 
and effectuate this Constitution. Such revision and amendments shall 
be laid before the next General Assembly for adoption or rejection in 
whole or in part. The said Commissioners shall be allowed ten dollars 
each per day for their services, and also necessary stationery, for the time 
durino- which they are actually employed; and upon their certificate 
the Auditor shall draw his warrant upon the Treasurer. They shall 
have the power to employ clerical assistants, at a compensation not ex- 
ceeding ten dollars per day in the aggregate. If the Commissioners, 
or any^of them, shall refuse to act, or a vacancy shall occur, the Gov- 
ernor shall appoint another or others in his or their place. 

Sec. 246. No public officer, except the Governor, shall receive more 
than five thousand dollars per annum, as compensation for official ser- 
vices, independent of the compensation of legally authorized deputies 
and assistants, which shall be fixed and provided for by law. The Gen- 
eral Assembly shall provide for the enforcement of this section by suit- 
able penalties, one of which shall be forfeiture of office by any person 
violating its provisions. 

Sec. 247. The printing and binding of the laws, journals, depart- 
ment reports, and all other public printing and binding, shall be per- 
formed under contract, to be given to the lowest responsible bidder 
below such maximum, and under such regulations as may be prescribed 
by law. No member of the General Assembly, or officer of the 
Commonwealth, shall be in any way interested in any such con- 
tract; and all such contracts shall be subject to the approval of the 
Governor. 

Sec. 248. A grand jury shall consist of twelve persons, nine of 
whom concurring may find an indictment. In civil and misdemeanor 
cases, in courts inferior to the Circuit Courts, a jury shall consist of six 
persons. The General Assembly may provide that in any or all trials 
of civil actions in the Circuit Courts, three fourths or more of the jurors 
concurring may return a verdict, which shall have the same force and 
eff'ect as if rendered by the entire panel. But where a verdict is ren- 
dered by a less number than the whole jury, it shall be signed by all 
the jurors who agree to it. 

Sec. 249. The House of Kepresentatives of the General Assembly 
shall not elect, appoint, employ, or pay for, exceeding one Chief Clerk, 
one Assistant Clerk, one Enrolling Clerk, one Sergeant-at-Arms, one 
Door-keeper, one Janitor, two Cloak-room Keepers, and four Pages; 
and the Senate shall not elect, appoint, employ or pay for, exceeding 
one Chief Clerk, one Assistant Clerk, one Enrolling Clerk, one Sergeant- 
at-Arms, one Door-keeper, one Janitor, one Cloak-room Keeper, and 
three Pages; and the General Assembh^ shall provide, by general law, 
for fixing the pej" diem or salary of all of said employes. 

Sec. 250. It shall be the duty of the General Assembly to enact 
such laws as shall be necessary and proper to decide differences by ar- 
bitrators, the arbitrators to be appointed by the parties who may choose 
that summary mode of adjustment. 

Sec. 251. No action shall be maintained for possession of any lands 
lying within this State, where it is necessary for the claimant to rely 
for his recovery on any grant or patent issued by the Commonwealth of 
Virginia, or by the Commonwealth of Kentucky prior to the year one 



112 Morton's manual. 

thousand eight hundred and twenty, against any person claiming such 
lands by possession to a well-defined boundary, under a title of record, 
unless such action shall be instituted within five years after this Consti- 
tution shall go into effect, or within five years after the occupant may 
take possession ; but nothing herein shall be construed to aflfect any 
right, title', or interest in lands acquired by virtue of adverse possession 
under the laws of this Commonwealth. 

8 EC. 252. It shall be the duty of the General Assembly to provide 
by law, as soon as practicable, for the establishment and maintenance of 
an institution or institutions for the detention, correction, instruction, 
and reformation of all persons, under the age of eighteen years, convicted 
of such felonies and such misdemeanors as may be designated by law. 
Said institution shall be known as the "House of Eeform." 

Sec. 253. Persons convicted of felony and sentenced to confinement 
in the penitentiary shall be confined at labor within the walls of the 
penitentiary; and the General Assembly shall not have the power to 
authorize employment of convicts elsewhere, except upon the public 
works of the Commonwealth of Kentucky, or when, during pestilence 
or in case of the destruction of the prison buildings, they can not be 
confined in the penitentiary. 

Sec. 254. The Commonwealth shall maintain control of the discip- 
line, and provide for all supplies, and for the sanitary condition of the 
convicts, and the labor only of convicts may be leased. 

Sec. 255. The seat of government shall continue in the city of 
Frankfort, unless removed by a vote of two thirds of each House of the 
first General Assembly which convenes after the adoption of this Con- 
stitution. 

MODE OF REVISION. 

Sec. 256. Amendments to this Constitution may be proposed in 
either House of the General Assembly at a regular session; and if such 
amendment or amendments shall be agreed to by three fifths of all the 
members elected to each House, such proposed amendment or amend- 
ments, with the yeas and nays of the members of each House taken 
thereon, shall be entered in full in their respective journals. Then such 
proposed amendment or amendments shall be submitted to the voters of 
the State f«'r their ratification or rejection at the next general election 
f(.)r members of the House of Representatives, the vote to be taken 
thereon in such manner as the General Ai^sembly may provide, and to 
be certified by the officers of election to the Secretary of State in such 
manner as shall be provided by law, which vote shall be compared and 
certified by the same board authorized by law to compare the polls and 
give certificates of election to officers for the State at large. If it shall 
appear that a majority of the votes cast for and against an amendment 
at said election was for the amendment, then the same shall become a 
part of the Constitution of this Commonwealth, and shall be pro- 
claimed by the Governor, and published in such manner as the General 
Assembly may direct. Said amendments shall not be submitted at an 
election which occurs less than ninety days from the final passage of 
such proposed amendment or amendments. Not more than two amend- 
ments shall be voted upon at any one time, Nor shall the same amend- 



CONSTITUTION OF KENTUCKY. 113 

ment be again submitted within five years after a submission. Said 
amendmenis shall be so submitted as to allow a separate vote on each, 
aad no amendment shall relate to more than one subject. But no 
amendment shall be proposed by the first General Assembly which con- 
venes after the adoption of this Constitution. The approval of the Gov- 
ernor shall not be necessary to any bill, order, resolution or vote of the 
General Assembly proposing an amendment or amendments to this 
Constitution. 

Sec. 257. Before an amendment shall be submitted to a vote the 
Secretarv of State shall cause such proposed amendment and the time 
that the'^saine is to be voted upon to be published at least ninety days 
before the vote is to be taken thereon, in such manner as may be pre- 
scribed by law. 

Sec. 258. When a majority of all the members elected to each House 
of the General Assembly shall concur, by a yea and nay vote, to be 
entered upon their respective journals, in enacting a law to take the 
sense of the people of the State as to the necessity and expediency of 
calling a convention for the purpose of revising or amending this Con- 
stitution, and such amendments as may have been made to the same, 
such law shall be spread upon their respective journals. If the next 
General Assembly shall, in like manner, concur in such law, it shall 
provide for having a poll opened in each voting precinct in this State 
by the officers provided by law for holding general elections at the next 
ensuing regular election to be held for State officers or members of the 
House of Kepreseutatives, which does not occur within ninety days 
from the final passage of such law, at which time and places the votes 
of the qualified voters shall be taken for and against calling the conven- 
tion, in the same manner provided by law for taking votes in other 
State elections. The vote for and against said proposition shall be cer- 
tified to the Secretary of State by the same officers and in the same 
manner as in State elections. If it shall appear that a majority voting 
on the proposition was for calling a convention, and if the total num- 
ber of votes cast for the calling of the convention is equal t'> one fourth 
of the number of qualified voters who voted at the last preceding gen- 
eral election in this State, the Secretary of State shall certify the same 
to the General Assembly at its next regular session, at which session a 
law shall be enacted calling a convention to readopt. revise or amend 
this Constitution, and such amendments as may have been made 
thereto. 

Sec. 259. The convention shall consist of as many delegates as there 
are members of the House of Kepresentatives; and the delegates shall 
have the same qualifications and be elected from the same districts as 
said Representatives. 

Sec. 260. Delegates to such convention shall be elected at the next 
general State election after the passage of the act calling the conven- 
tion, which does not occur within Ics^ than ninety days; and they shall 
meet within ninety days after their election at the Capital of the State, 
and continue in session until their work is completed. 

Sec. 261. The General Assembly, in the act calling the convention, 
shall provide for comparing the polls and giving certificates of election 
to the delegates elected, and provide for their compensation. 



114 Morton's manual. 

Sec. 262. The convention, when assembled, shall he the judge of the 
election and qualilication of its members, and shall determine contested 
elections. But the General Assembly shall, in the act calling the con- 
vention, provide for taking testimony in such cases, and for issuing a 
writ of election in case of a tie. 

Sec. 263. Before a vote is taken upon the question of calling a con- 
vention, the Secretary of State shall cause notice of the election to be 
published in such manner as may be provided by the act directing said 
vote to be taken. 



(I 



QUESTIONS. 115 



QUESTIONS ON THE CONSTITUTION OF KENTUCKY. 

State the preamble to the Constitution. Why was the Bill of 
Eights established? How are the powers of the Government divided? 
How shall these powers be exercised? In what is the Legislative power 
vested? For how long and when shall Eepresentatives be chosen? 
What are the qualifications of a Representative? Of a Senator? How 
is representation regulated? What is the number of Representatives? 
Of Senators? What is a quorum of the General Assembly? What are 
the powers of each House? What is the compensation of the mem- 
bers? What of the privileges of the members? How may a bill be 
passed? What of bills for raising the revenue? What of contracting 
debts? What local and special legislation is prohibited? What of 
Counties and County Seats? What of Impeachments? Who maybe 
Governor? What are his powers? Who may be Lieutenant-Gov- 
ernor? What of his powers? How may the Governor approve a bill? 
How may it be vetoed? What of the Treasurer? Auditor of Public 
Accounts? Register of the Land Office ? Attorney-General? Secre- 
tary of State? Superintendent of Public Instruction? What of the 
Commonwealth's Attorney? Clerk of the Circuit Court? Judire of 
the County Court? County Court Clerk? County Attorney? Sher- 
ifi"? Jailer? Coroner? Surveyor? Assessor? Constable? Justice 
of the Peace? What of the eligibility of these officers ? What of their 
fees? What of the Judicial Department? What of the Court of Ap- 
peals? How manv Judges of that Court? Who eligible? How elected? 
What of the Clerk of the Court of Appeals ? Who elio-ible ? What of 
Circuit Courts? What of the Judges of the Circuit Courts? Who eli- 
gible? What of Quarterly Courts? County Courts? Justices Courts? 
Police Courts ? Fiscal Courts? What of suffrage and elections ? Who 
may be a voter? Who may not vote? How many elections may be 
held in one year? When? Who shall be disqualified from holding 
any office? How may vacancies in office be filled? What of munici- 
palities? Who may not be a member of the General Assembly? What 
of Revenue and Taxation? What property shall be exempt from tax- 
ation? What of Education? AVhat of Corporations? Railroads? 
The Militia? What of the General Provisions of this Constitution? 
Mode of Revision ? What of the Schedule ? 



CONSTITUTION OF THE UNITED 
STATES. 



We, the people of the United States, in order to form a more 
perfect Union, establish justice, insure domestic tranquility, pro- 
vide for the common defense, promote the general welfare, and 
secure the blessings of liberty to ourselves and our posterity, do 
ordain and establish this Constitution for the United States of 
America. 

ARTICLE I. 

Section 1. 

1. All legislative powers herein granted shall be vested in a 
Congress of the United States, which shall consist of a Senate and 
House of Eepresentatives. 

Section 2.. 

1. The House of Eepresentatives shall be composed of members 
chosen every second year by the people of the several States ; and 
the electors in each State shall have the qualifications requisite for 
electors of the most numerous branch of the State Legislature. 

2. No person shall be a Eepresentative who shall not have 
attained to the age of twenty-five years, and been seven years a 
citizen of the United States, and who shall not, when elected, be 
an inhabitant of that State in which he shall be chosen. 

3. Eepresentatives and direct taxes shall be apportioned among 
the several States which may be included within this Union, accord- 
ing to their respective numbers, which shall be determined by 
adding to the whole number of free persons, including those bound 
to service for a term of years, and excluding Indians not taxed, 
three fifths of all other persons. The actual enumeration shall be 
made within three years after the first meeting of the Congress of 
the United States, and within every subsequent term of ten years, 
in such manner as they shall by law direct. The number of Eep- 
resentatives shall not exceed one for every thirty thousand ; but 
each State shall have at least one Eepresentative ; and, until such 
enumeration shall be made, the State of New Hampshire shall be 
entitled to choose three ; Massachusetts, eight ; Ehode Island and 
Providence Plantations, one ; Connecticut, five ; New York, six ; 
New Jersey, four; Pennsylvania, eight; Delaware, one ; Maryland, 

(116) 



CONSTITUTION OF THE UNITED STATES. 117 

six ; Virginia, ten ; North Carolina, five ; South Carolina, five ; 
and Georgia, three. 

4. When vacancies happen in the representation from any State, 
the Executive authority thereof shall issue writs of election to fill 
such vacancies. 

5. The House of Eepresentatives shall choose their speaker and 
other ofiicers, and shall have the sole power of impeachment. 

Section 3. 

1. The Senate of the United States shall be composed of two 
Senators from each State, chosen by the Legislature thereof, for 
six years, and each Senator shall have one vote. 

2. Immediately after they shall be assembled in consequence of 
the first election, they shall be divided, as equally as may be, into 
three classes. The seats of the Senators of the first class shall be 
vacated at the expiration of the second year, of the second 
class at the expiration of the fourth year, and of the third class at 
the expiration of the sixth year, so that one third may be chosen 
every second year; and if vacancies happen, by resignation or 
otherwise, during the recess of the Legislature of any State, the 
Executive thereof may make temporary appointments until the 
next meeting of the Legislature, w^hich shall then fill such va- 
cancies. 

3. Xo person shall be a Senator w^ho shall not have attained to 
the age of thirty years, and been nine years a citizen of the United 
States, and who shall not, when elected, be an inhabitant of that 
State for which he shall be chosen. 

4. The Vice-President of the United States shall be President 
of the Senate, but shall have no vote, unless they be equally di- 
vided. 

5. The Senate shall choose their other officers, and also a Presi- 
dent pro tempore J in the absence of the Vice-President, or when he 
shall exercise the ofiice of President of the L'nited States. 

6. The Senate shall have the sole power to try all impeach- 
ments. When sitting for that purpose, they shall be on oath or 
affirmation. When the President of the United States is tried, the 
Chief-Justice shall preside ; and no person shall be convicted with- 
out the concurrence of two thirds of the members present. 

7. Judgment in case of impeachment shall not extend further 
than to removal from office, and disqualification to hold and enjoy 
any office of honor, trust, or profit, under the United States; but 
the party convicted shall nevertheless be liable and subject to in- 
dictment, trial, judgment, and punishment according to law. 

Section 4. 

1. The times, places, and manner of holding elections for Senators 
and Representatives shall be prescribed in each State by the Leg- 
islature thereof; but the Congress may at any time, by law^, make 



118 MORTON^S MANUAL. 

or alter such regulations, except as to the places of choosing Sen- 
ators. 

2» The Congress shall assemble at least once in every year, and 
such meeting shall be on the first Monday in December, unless they 
shall by law appoint a different day. 

Section 5. 

1. Each House shall be the judge of the elections, returns, and 
qualifications of its own members ; and a majority of each shall 
constitute a quorum to do business ; but a smaller number may 
adjourn from day to day, and may be authorized to compel the 
attendance of absent members, in such manner and under such 
penalties as each House may provide. 

2. Each House may determine the rules of its proceedings, pun- 
ish its members for disorderly behavior, and, with the concurrence 
of two thirds, expel a member. 

3. Each House shall keep a journal of its proceedings, and from 
time to time publish the same, excepting such parts as may, in 
their judgment, require secresy; and the yeas and nays of the 
members of either House on any question shall, at the desire of 
one fifth of those present, be entered on the journal. 

4. Neither House, during the session of Congress, shall, without 
the consent of the other, adjourn for more than three days, nor to 
any other place than that in which the two Houses shall be sitting. 

Section 6. 

1. The Senators and Representatives shall receive a compensa- 
tion for their services, to be ascertained by law, and paid out of 
the Treasury of the United States. They shall in all cases, except 
treason, felony, and breach of the peace, be privileged from arrest 
during their attendance at the session of their respective Houses, 
and in going to or returning from the same ; and for any speech or 
debate in either House they shall not be questioned in any other 
place. 

2. No Senator or Eepresentative shall, during the time for 
which he was elected, be appointed to any civil ofiice under the 
authority of the United States which shall have been created, or 
the emoluments w^hereof shall have been increased, during such 
time; and no person holding any office under the United States 
shall be a member of either House during his continuance in office. 

Section 7. 

1. All bills for raising revenue shall originate in the House 
of Representatives; but the Senate may propose or concur with 
amendments, as on other bills. 

2. Every bill which shall have passed the House of Eepresenta- 



CONSTITUTION OF THE UNITED STATES. 119 

tives and the Senate shall, before it become a law, be presented to 
the President of the United States. If he approve, he shall sign 
it; but if not, he shall return it, with his objections, to that House 
in which it shall have originated, who shall enter the objection at 
large on their journal, and proceed to reconsider it. If, after such 
reconsideration, two thirds of that House shall agree to pass the 
bill, it shall be sent, together with the objections, to the other 
House, by which it shall likewise be reconsidered, and if approved 
by two thirds of that House it shall become a law. But in all such 
cases the votes of both Houses shall be determined by yeas and 
nays, and the names of the persons voting for and against the bill 
shall be entered on the journal of each House respectively. If any 
bill shall not be returned by the President within ten days (Sun- 
days excepted) after it shall have been presented to him, the same 
shall be a law in like manner as if he had signed it, unless the Con- 
gress by their adjournment prevent its return, in which case it shall 
not be a law. 

3. Every order, resolution, or vote, to which the concurrence of 
the Senate and House of Eepresentatives may be necessary, except 
on a question of adjournment, shall be presented to the President 
of the United States, and before the same shall take effect shall be 
approved by him, or, being disapproved by him, shall be re-passed 
by two thirds of the Senate and House of Eepresentatives, accord- 
ing to the rules and limitations prescribed in the case of a bill. 

Section 8. 

The Congress shall have power : 

1. To lay and collect taxes, duties, imposts, and excises; to pay 
the debts and provide for the common defense and general welfare 
of the United States ; but all duties, imposts, and excises shall be 
uniform throughout the United States. 

2. To borrow money on the credit of the United States. 

3. To regulate commerce with foreign nations, and among the 
several States, and with the Indian tribes. 

4. To establish an uniform rule of naturalization and uniform 
laws on the subject of bankruptcies throughout the United States. 

5. To coin money, regulate the value thereof and of foreign 
coin, and fix the standard of weights and measures. 

6. To provide for the punishment of counterfeiting the securi- 
ties and current coin of the United States. 

7. To establish post-offices and post-roads. 

8. To promote the progress of science and useful arts, by secur- 
ing for limited times to authors and inventors the exclusive right 
to their respective writings and discoveries. 

9. To constitute tribunals inferior to the Supreme Court. 

10. To define and punish piracies and felonies committed on the 
hidi seas, and offenses against the laws of nations. 

"ll. To declare war, grant letters of marque and reprisal, and 
make rules concerning captures on land and water. 



120 MORTON^S MANUAL. 

12. To raise and support armies; but no appropriation of money 
to that use shall be for a longer term than two years. 

13. To provide and maintain a navy. 

14. To make rules for the government and regulation of the 
land and naval forces. 

15 To provide for calling forth the militia to execute the laws 
of the Union, suppress insurrections, and repel invasions. 

16. To provide for organizing, arming, and disciplining the 
militia, and for governing such part of them as may be employed 
in the service of the United States, reserving to the States respect- 
ively the appointment of the officers and the authority of training 
the militia according to the discipline prescribed by Congress. 

17. To exercise exclusive legislation in all cases whatsoever over 
such district, not exceeding ten miles square, as may, by cession of 
particular States and the acceptance of Congress, become the Seat 
of the Government of the United States, and to exercise like au- 
thority over all places purchased, by the consent of the Legislature 
of the State in which the same shall be, for the erection of forts, 
'magazines, arsenals, dock-yards, and other needful buildings ; and 

18. To make all laws which shall be necessary and proper for 
carrying into execution the foregoing powers and all other powers 
vested by this Constitution in the Government of the United 
States, or in any department or officer thereof. 

Section 9. 

1. The migration or importation of such persons as any of the 
States now existing shall think proper to admit shall not be pro- 
hibited by the Congress prior to the year one thousand eight hun- 
dred and eight, but a tax or duty may be imposed on such importa- 
tion, not exceeding ten dollars for each person. 

2. The privilege of the writ of habeas corpus shall not be sus- 
pended, unless when, in cases of rebellion or invasion, the public 
safety may require it. 

3. No bill of attainder or ex post facto law shall be passed. 

4. No capitation or other direct tax shall be laid unless in pro- 
proportion to the census or enumeration hereinbefore directed to 
be taken. 

5. No tax or duty shall be laid on articles exported from any 
State. No preference shall be given by any regulation of com- 
merce or revenue to the ports of one State over those of another, 
nor shall vessels bound to or from one State be obliged to enter, 
clear, or pay duties in another. 

6. No money shall be drawn from the Treasury but in conse- 
quence of appropriations made by law, and a regular statement 
and account of the receipts and expenditures of all public money 
shall be published from time to time. 

7. No title of nobility shall be granted by the United States, 
and no person holding any office of profit or trust under them shall, 
without the consent of the Congress, accept of any present, emolu- 
ment, office, or title of any kind whatever from any king, prince, 
or foreign State. 



CONSTITUTION OF THE UNITED STATES. 121 

Section 10. 

1. No State shall enter into any treaty, alliance, or confedera- 
tion, grant letterj^ of marque and reprisal, coin money, emit bills of 
credit, make any thing but gold and silver coin a tender in payment 
of debts, pass any bill of attainder, ex post facto law, or law impair- 
ing the obligation of contracts, or grant any title of nobility. 

2. No State shall, without the consent of the Congress, lay any 
imposts or duties on imports or exports, except what may be abso- 
lutely necessary for executing its inspection laws; and the net 
produce of all duties and imposts, laid by any State on imports or 
exports, shall be for the use of the Treasury of the United States, 
and all such laws shall be subject to the revision and control of the 
Congress. 

3. No State shall, without the consent of the Congress, lay any 
duty of tonnage, keep troops or ships of war in time of peace, enter 
into any agreement or compact with another State or with a foreign . 
power, or engage in war, unless actually invaded or in such immi- 
nent danger as will not admit of delay. 

ARTICLE II. 

Section 1. 

1. The executive power shall be vested in a President of the 
United States of America. He shall hold his office during the term 
of four years, and, together with the Vice-President, chosen for the 
same term, be elected as follows : 

2. Each State shall appoint, in such manner as the Legislature 
thereof may direct, a number of electors equal to the whole num- 
ber of Senators and Eepresentatives to w^hich the State may be 
entitled in the Congress; but no Senator or Representative, or per- 
son holding an office of trust or profit under the United States, 
shall be appointed an elector. . 

[3. The electors shall meet in their respective States, and vote 
by ballot for two persons, of whom one at least shall not be an in- 
habitant of the same State with themselves; and they shall make 
a list of all the persons voted for, and of the number of votes for 
each ; which list they shall sign and certify, and transmit, sealed, 
to the Seat of the Government of the United States, directed to 
the President of the Senate. The President of the Senate shall, 
in the presence of the Senate and House of Representatives, open 
all the certificates, and the votes shall then be counted. The per- 
son having the greatest number of votes shall be the President, if 
such number be a majority of the whole number of electors 
appointed ; and if there be more than one who have such majority, 
and have an equal number of votes, then the House of Represent- 
atives shall immediately choose, by ballot, one of them for Presi- 
dent ; and if no person have a majority, then from the five highest 
on the list the said House shall, in like manner, choose the Presi- 
dent. But, in choosing the President, the vote shall be taken by 



122 Morton's manual. 

States, the representation from each State having one vote ; a quo- 
rum for this purpose shall consist of a member or members from 
two thirds of the States, and a majority of all the States shall be 
necessary to a choice. In every case, after the choice of the Presi- 
dent, the person having the greatest number of votes of the electors 
shall be the Vice-President. But, if there should remain two or 
more who have equal votes, the Senate shall choose from them, by 
ballot, the Vice-President.^] 

4. The Congress may determine the time of choosing the electors, 
and the day on which they shall give their votes, which day shall 
be the same throughout the United States. 

5. No person, except a natural born citizen, or a citizen of the 
United States at the time of the adoption of this Constitution, 
shall be eligible to the office of President ; neither shall any per- 
son be eligible to that office who shall not have attained to the age 
of thirty-five years, and been fourteen years a resident within the 
United States. 

6. In case of the removal of the President from office, or of his 
death, resignation, or inability to discharge the powers and duties 
of the said office, the same shall devolve on the Vice-President, 
and the Congress may, by law, provide for the case of removal, 
death, resignation, or inability, both of the President and Vice- 
President, declaring what officer shall then act as President, and 
such officer shall act accordingly until the disability be removed 
or a President shall be elected. 

7. The President shall, at stated times, receive for his services 
a compensation, which shall neither be increased nor diminished 
during the period for which he shall have been elected, and he shall 
not receive within that period any other emolument from the 
United States, or any of them. 

8. Before he enter on the execution of his office he shall take 
the following oath or affirmation : 

*' I do solemnly swear (or affirm) that I will faithfully exe- 
cute the office of President of the United States, and will, to the 
best of my ability, preserve, protect, and defend the Constitution 
of the United States." 

Section 2. 

1. The President shall be commander-in-chief of the army and 
navy of the United States, and of the militia of the several States 
when called into the actual service of the United States; he may 
require the opinion, in writing, of the principal officer in each of 
the executive departments, upon any subject relating to the duties 
of their respective offices; and he shall have power to grant re- 
prieves and pardons for offenses against the United States, except 
in cases of impeachment. 

2. He shall have power, by and with the advice and consent of 
the Senate, to make treaties, provided two thirds of the Senators 

'='• Altered— see ameudmeut, Article XII. 



COKSTlTUTiON OF THE UNITED STATES. 123 

present concur ; and he shall nominate and, by and with the advice 
and consent of the Senate, shall appoint ambassadors, other public 
ministers, and consuls, Judges of the Supreme Court, and all other 
officers of the United States whose appointments are not herein 
otherwise provided for, and which shall be established by law. But 
the Congress may, by law, vest the appointment of such inferior 
officers as they think proper in the President alone, in the courts 
of law, or in the heads of departments. 

3. The President shall have power to fill up all vacancies that 
may happen during the recess of the Senate, by granting commis- 
sions which shall expire at the end of their next session. 

Section 3. 

1. He shall, from time to time, give to the Congress information 
of the state of the Union, and recommend to their consideration 
such measures as he shall judge necessary and expedient ; he may, 
on extraordinary occasions, convene both Houses, or either of 
them ; and, in case of disagreement between them with respect to 
the time of adjournment, he may adjourn them to such time as he 
shall think proper ; he shall receive ambassadors and other public 
ministers; he shall take care that the laws be faithfully executed; 
and shall commission all the officers of the United States. 



Section 4. 

1. The President, Vice-President, and all civil officers of the 
United States, shall be removed from office on impeachment for, 
and conviction of, treason, bribery, or other high crimes and mis- 
demeanors. 

ARTICLE III. 

Section 1. 

1. The judicial power of the United States shall be vested in 
one Supreme Court, and in such inferior courts as the Congress 
may from time to time ordain and establish. The judges, both of 
the Supreme and Inferior Courts, shall hold their offices during 
good behavior ; and shall, at stated times, receive for their services 
a compensation which shall not be diminished during their contin- 
uance in office. 

Section 2, 

1. The judicial power shall extend to all cases in law and equity 
arising under this Constitution, the laws of the United States, and 
treaties made, or which shall be made, under their authority ; to 
all cases affecting ambassadors, other public ministers, and consuls; 
to all cases of admiralty and maritime jurisdiction ; to controver- 
sies to which the United States shall be a party; to controver- 



124 MORTON^S MANUAL. 

sies between two or more States ; between a State and citizens of 
another State ; between citizens of different States ; between citi- 
zens of the same State claiming lands under grants of different 
States; and between a State, or the citizens thereof, and foreign 
States, citizens or subjects. 

2. In all cases affecting ambassadors, other public ministers, and 
consuls, and those in which a State shall be party, the Supreme 
Court shall have original jurisdiction. In all the other cases before 
mentioned the Supreme Court shall have appellate jurisdiction, 
both as to law and fact, with such exceptions and under such regu- 
tions as the Congress shall make. 

3. The trial of all crimes, except in cases of impeachment, shall be 
by jury ; and such trial shall be held in the State where the said 
crimes shall have been committed ; but when not committed within 
any State, the trial shall be at such place or places as the Congress 
may, by law, have directed. 

Section 3. 

1. Treason against the United States shall consist only in levy- 
ing war against them, or in adhering to their enemies, giving them 
aid and comfort. No person shall be convicted of treason unless 
on the testimony of two witnesses to the same overt act, or on con- 
fession in open court. 

2. The Congress shall have power to declare the punishment of 
treason, but no attainder of treason shall work corruption of blood 
or forfeiture, except during the life of the person attainted. 

ARTICLE IV. 

Section 1. 

1. Full faith and credit shall be given in each State to the pub- 
lic acts, records, and judicial proceedings of every other State. 
And the Congress may, by general laws, prescribe the manner in 
which such acts, records, and proceedings shall be proved, and the 
effect thereof. 

Section 2. 

1. The citizens of each State shall be entitled to all privileges 
and immunities of citizens in the several States. 

2. A person charged in any State with treason, felony, or other 
crime, who shall flee from justice and be found in another State, 
shall, on demand of the Executive authority of the State from 
which he fled, be delivered up, to be removed to the State having 
jurisdiction of the crime. 

3. No person held to service or labor in one State under the laws 
thereof , "escaping into another, shall, in consequence of any law or 
regulation therein, be discharged from such service or labor, but 
shall be delivered up on claim of the party to whom such service 
or labor may be due. 



CONSTITUTION OF THE UNITED STATES. 125 



Section 3. 

1. New States may be admitted by the Congress into this 
Union ; but no new State shall be formed or erected within the 
jurisdiction of any other State; nor any State be formed by the 
junction of two or more States, or parts o*^f States, without the con- 
sent of the Legislatures of the States concerned as well of the Con- 
gress. 

2. The Congress shall have power to dispose of and make all 
needful rules and regulations respecting the territory or other 
property belonging to the United States ;"and nothing in this Con- 
stitution shall be so construed as to prejudice any claims of the 
United States or of any particular State. 

Section 4. 

1. The United States shall guarantee to every State in this 
Union a republican form of government, and shall protect each of 
them against invasion, and on application of the Legislature, or of 
the Executive, when the Legislature can not be convened, against 
domestic violence. 

ARTICLE V. 

1. The Congress, whenever two thirds of both Houses shall deem 
it necessary, shall propose amendments to this Constitution, or, on 
.the application of the Legislatures of two thirds of the several 
States, shall call a convention for proposing amendments, which in 
either case shall be valid, to all intents and purposes, as part of 
this Constitution, when ratified by the Legislatures of three fourths 
of the several States, or by conventions in three fourths thereof, as 
the one or the other mode of ratification may be proposed by the 
Congress: Provided, That no amendment which may be made prior 
to the year one thousand eight hundred and eight shall in any 
manner affect the first and fourth clauses in the ninth section of 
the first article ; and that no State, without its consent, shall be 
deprived of its equal suffrage in the Senate. 

ARTICLE VI. 

1. All debts contracted and engagements entered into before 
the adoption this Constitution shall be as valid against the United 
States under this Constitution as under the Confederation. 

2. This Constitution and the laws of the L^nited States which 
shall be made in pursuance thereof, and all treaties made or which 
shall be made under the authority of the L'nited States, shall be 
the supreme law of the land ; and the judges in every State shall be 
bound thereby, any thing in the Constitution or laws of any State 
to the contrary notwithstanding. 

3. The Senators and Representatives before mentioned, and the 



126 Morton's manual. 

members of the several State Legislatures, and all executive and 
judicial officers, both of the United States and of the several States, 
shall be bound by oath or affirmation to support this Constitution ; 
but no religious test shall ever be required as a qualification to any 
office or public trust under the United States. 

ARTICLE VII. 

1. The ratification of the conventions of nine States shall be 
sufficient for the establishment of this Constitution between the 
States so ratifying the same. 



AMEXDMEXTS TO THE COXSTITUTIOK 



Note.— The following Amendments were proposed at the first session of the 
First Congress of the United States, which was begun and held at the Citv of 
New York on the 4th of March, 1789, and were adopted by the requisite number 
of States.— i^irsi volume of the Iaiws 0/ the United btates, page 72. 



ARTICLE I. 



1. Congress shall make no law respecting an establishment of 
religion, or prohibiting the free exercise thereof, or abridging the 
freedom of speech or of the press, or the right of the people peace- 
ably to assemble and to petition the Government for a redress of 
grievances. 

ARTICLE II. 

1. A well-regulated militia being necessary to the security of a 
free State, the right of the people to keep and bear arms shall not 
be infringed. 

ARTICLE III. 

1. No soldier shall, in time of peace, be quartered in any house 
without the consent of the owner, nor, in time of war, but in a 
manner to be prescribed by law. 

ARTICLE IV. 

1. The right of the people to be secure in their persons, houses, 
papers, and effects, against unreasonable searches and seizures, shall 
not be violated, and no warrants shall issue but upon probable cause, 
supported by oath or affirmation, and particularly describing the 
place to be searched and the persons or things to be seized. 

ARTICLE V. 

1. Xo person shall be held to answer for a capital or otherwise 
infamous crime, unless on a presentment or indictment of a grand 
jury, except in cases arising in the land or naval forces, or in the 
militia when in actual service, in time of war or public danger; nor 
shall any person be subject, for the same offense, to be twice put in 
jeopardy of life or limb, nor shall be compelled in any criminal case 

(127) 



128 Morton's manual. 

to be a witness against himself, nor be deprived of life, liberty, or 
property, without due process of law, nor shall private property be 
taken for public use without just compensation. 

ARTICLE VI. 

1. In all criminal prosecutions the accused shall enjoy the right 
to a speedy and public trial by an impartial jury of the State and 
district wherein the crime shall have been committed, which dis- 
trict shall have been previously ascertained by law, and to be 
informed of the nature and cause of the accusation ; to be con- 
fronted with the witnesses against him, to have compulsory process 
for obtaining witnesses in his favor, and to have the assistance of 
counsel for his defense. 

ARTICLE VII. 

" 1. In suits at common law, where the value in controversy shall 
exceed twenty dollars, the right of trial by jury shall be preserved, 
and no fact tried by a jury shall be otherwise re-examined in any 
court of the United States than according to the rules of the com- 
mon law. 

ARTICLE VIII. 

1. Excessive bail shall not be required, nor excessive fines im- 
posed, nor cruel and unusual punishments inflicted. 

ARTICLE IX. 

1. The enumeration in the Constitution of certain rights shall 
not be construed to deny or disparage others retained by the people. 

ARTICLE X. 

1. The powers not delegated to the United States by the Consti- 
tution, nor prohibited by it to the States, are reserved to the States 
respectively or to the people. 

Note. —The following Amendment was proposed at the second session of the 
Third Congress. It is printed in the Laws of the United States, 1 vol., p. 73, as 
Article XI. 

ARTICLE XI. 

1. The judicial power of the United States shall not be con- 
strued to extend to any suit in law or equity commenced or prose- 
cuted against one of the United States by citizens of another State, 
or by citizens or subjects of any foreign State. 

Note.— The three following sections were proposed as Amendments at the first 
session of the Eighth Congress. They are printed in the Laws of the United States 
as Article XII. 

ARTICLE XII. 

1. The electors shall meet in their respective States, and vote 
by ballot for President and Vice-President, one of whom, at least, 
shall not be an inhabitant of the same State with themselves ; they 
§hall name in their ballots the person voted for as President, and in 



AMENDMENTS TO THE CONSTITUTION. 129 

distinct ballots the person voted for as Vice-President ; and they 
shall make distinct lists of all persons voted for as President, and 
of all persons voted for as Vice-President, and of the number of 
votes for each, which lists they shall sign and certify, and transmit, 
sealed, to the Seat of the Government of the United iStates, directed 
to the President of the Senate ; the President of the Senate shall, 
in presence of the Senate and House of Representatives, open all 
the certificates, and the votes shall then be counted ; the person 
having the greatest number of votes for President shall be the 
President, if such number be a majority of the whole number of 
electors appointed ; and if no person have such majority, then from 
the persons having the highest numbers, not exceeding three, on 
the list of those voted for as President, the House of Representa- 
tives shall choose immediately, by ballot, the President. But, in 
choosing the President, the votes shall be taken by States, the rep- 
resentation from each State having one vote ; a quorum for this 
purpose shall consist of a member or members from two thirds of 
the States, and a majority of all the States shall be necessary to a 
choice. And if the House of Representatives shall not choose a 
President, whenever the right of choice shall devolve upon them, 
before the fourth day of March next following, then the Vice-Presi- 
dent shall act as President, as in the case of the death or other con- 
stitutional disability of the President. 

2. The person having the greatest number of votes as Vice- 
President shall be the Vice-President, if such number be a majority 
of the whole number of electors appointed ; and if no person have 
a majority, then from the two highest numbers on the list the 
Senate shall choose the Vice-President; a quorum for the purpose 
shall consist of two thirds of the whole number of Senators, and a 
majority of the whole number shall be necessary to a choice. 

3. But no person constitutionally ineligible to the ofiice of Presi- 
dent shall be eligible to that of Vice-President of the United States. 

ARTICLE XIII. 

1. Neither slavery nor involuntary servitude, except as a pun- 
ishment for crime whereof the party shall have been duly convicted, 
shall exist within the United States or any place subject to their 
jurisdiction. 

2. Congress shall have power to enforce this article by appro- 
priate legislation. 

ARTICLE XIV. 

1. All persons born or naturalized in the United States, and 
subject to the jurisdiction thereof, are citizens of the United States 
and of the State wherein they reside. No State shall make or en- 
force any law which shall abridge the privileges or immunities of 
citizens of the United States ; nor shall any State deprive any per- 
son of life, liberty, or property, without due process of law, nor 
deny to any person within its jurisdiction the equal protection of 
the laws. 



130 Morton's manual. 

2. Representatives shall be apportioned among the several States 
according to their respective numbers, counting the whole number 
of persons in each State, excluding Indians not taxed. But, when 
the right to vote at any election for the choice of electors for Presi- 
dent and Vice-President of the United States, Representatives in 
Congress, the executive and judicial officers of a State, or the 
members of the Legislature thereof, is denied to any of the male 
inhabitants of such State, being twenty-one years of age and citi- 
zens of the United States, or in any way abridged, except for par- 
ticipation in rebellion or other crime, the basis of representation 
therein shall be reduced in the proportion which the number of 
such male citizens shall bear to the whole number of male citizens 
twenty-one years of age in such State. 

3. No person shall be a Senator or Representative in Congress, 
or elector of President and Vice-President, or hold any office, civil 
or military, under the United States or under any State, who, hav- 
ing previously taken an oath as a member of Congress, or as an 
officer of the United States, or as a member of any State Legisla- 
ture, or as an executive or judicial officer of any State, to support 
the Constitution of the United States, shall have engaged in insur- 
rection or rebellion against the same, or given aid or comfort to the 
enemies thereof. But Congress may, by a vote of two thirds of 
each House, remove such disability. 

4. The validity of the public debt of the United States, author- 
ized by law, including debts incurred for payment of pensions and 
bounties for services in suppressing insurrection or rebellion, shall 
not be questioned. But neither the United States nor any State 
shall assume or pay any debt or obligation incurred in aid of insur- 
rection or rebellion against the United States, or any claim for the 
loss or emancipation of any slave; but all such debts, obligations, 
and claims shall be held illegal and void. 

5. The Congress shall have power to enforce, by appropriate 
legislation, the provisions of this article. 

ARTICLE XV. 

1. The right of citizens of the United States to vote shall not 
be denied or abridged by the United States, or by any State, on 
account of race, color, or previous condition of servitude. 

2. The Congress shall have power to enforce this article by ap= 
propriate legislation. 

Note.— The first ten of the foregoing Amendments were proposed at the first 
session of the First Congress held nnder the Constitution ; the eleventh Amend- 
ment was proposed at tlie second session of the Third Congress, the twelfth at 
the first session of the Eighth Congress, the thirteenth at the second session of the - 
Thirty-eighth Congress, the fourteenth at the first session of the Thirty-ninth 
Congress, and the fifteenth at the third session of the Fortieth Congress, and were 
all adopted by the number of States required by the Fifth Article of the original 
Constitution. The thirteenth Amendment was adopted December 18, 1865; the 
fourteenth, July 20, 1868, and the fifteenth, March 30, 1870. 



QUESTIONS ON THE CONSTITUTION OF THE 
UNITED STATES. 

How are all legislative powers vested? How are Representatives 
chosen? What are the qualifications of a Representative? What are ' 
the powers of the House of Representatives? How many Senators 
from each State; how chosen ; for how long? Into how many classes 
are they divided? What are the qualifications of a Senator; what of 
the Vice-President? What are the powers of the Senate? How often 
and when shall Congress assemble? What is the compensation of Sen- 
ators; of Representatives? Where shall hills for raising revenue orig- 
inate? What of the veto power? When shall a hill become a law? 
What are the powers of Congress generally? How is the President 
elected; for how long shall he serve; what are his powers? What of 
the judicial power of the United States? What of the rights of citi- 
zens? What of the Territories? How may the Constitution be 
amended? Give the substance of each amendment. 

(131) 



IHDEX. 



PAGE 

Ambassadors, Public Ministers 

to otber countries 53 

Appeals . . - 21 

Arson 61 

Burglary 61 

Cabinet of the President of the 

United States 52 

Charitable Institutions 45 

Asylum, Lunatic 45 

Blind, Kentucky Institution 

for the 45 

Deaf and Dumb 45 

Feeble Minded Institute 45 

Poor-house 45 

Cities, Governments of 44 

Collectors of Customs 59 

Collectors of Internal Revenue. 59 

Congress 57 

Constable 11 

Constitution of Kentucky 32 

Bill of Rights 34 

General Provisions 32 

How made 36 

Mode of revising 35 

Powers 32 

Consuls 53 

Counterfeiting 64 

County, A 7 

County Courts 18 

Circuit Courts 18 

Circuit Judge 19 

Criminal Courts 19 

Fiscal Courts 18 

Justices' Courts 18 

Quarterly Courts 18 

County Districts 8 

County Officers 12 

Assessor 14 

Clerk of Circuit Court 16 

Commonwealth's Attorney ..19 

Coroner 1.5 

County Attorney 13 

(132) 



PAGE 

County Officers, continued — 

County Superintendent 16 

County Surveyor 15 

Clerk of the County Court. . .12 

Jailer 17 

Judge of the County Court. .12 

Sheriff 13 

Supervisors, Board of 15 

Court of Appeals 20 

Chief Justices 20 

Clerk of 20 

Judge of 20 

Reporter of 20 

Sergeant of 21 

Crimes against theUnited States 63 

Counterfeiting 64 

Treason 63 

Violating Internal Revenue 

Laws 64 

Violating Pension Laws 63 

Violating Postal Laws 63 

Crimes and Punishments 60 

Embezzlement 63 

Exemptions from Taxation 42 

Federal Courts , 47 

Circuit Courts 48 

Circuit Judge 48 

Commissioners' Courts, U. S. .50 

• Court of Claims 47 

District Courts 48 

District Judge 48 

Officers of District and Circuit 
Courts — District Attorney, 

Marshal, and Clerk 49, 50 

Supreme Court 47 

Felonies 60 

Fiscal Courts 11 

Forgery 61 

Government — 

Aristocracy 6 

Civil Government generally. . 5 
Democracy 6 



INDEX. 



133 



PAGE 

Government, continued — 

Forms of 6 

Monarchy 6 

Kepublic 6 

Grand Larceny 61 

House of Representatives 22 

House of Representatives, U.S. 58 
Indictments by Grand Jury. . . .38 

Interior Department 65 

Bureau of Education 55 

Census Office 55 

Land Office 55 

Patent Office 55 

Pension Office 55 

Internal Revenue 59 

Judgments 40 

Juries, Mode of selecting 39 

Jury, Grand 37 

Jury, Petit — who competent, 

who exempt, etc 38 

Jury, Trial by 40 

Justices of the Peace 10 

Legislature, State 22 

Qualifications of members . . .22 

Rules, Officers 23 

Magisterial Districts 10 

Maiming 63 

Misdemeanors 63 

Modes of Punishment 64 

^N'avy Department 55 

Officers of the State. 25 

Adjutant-General 30 

Attornev-General 29 

Auditor^ 28 

Board of Equalization 31 

Commissioner of Agriculture. 30 
Commissioner of Insurance. .30 

Commissioner of Mines 30 

Geologist, State 30 

Governor — who eligible 25 

Pov/ers and duties of. ... .25 
Inspector and ExHminer,State 31 

Librarian, State 30 

Lieutenant-Governor 26 

Railroad Commissioners 31 

Register of Land Office 29 

Salaries, State Officers 31 

Superintendent of Public In- 
struction 29 

Secretary of State 27 

Treasurer, State 28 



PAGE 

Officers of the State, continued — 

Vacancies, State Officers 31 

I'eijury qi 

Political Parties 65 

Candidates ; . 65 

Caucuses 65 

Conventions 65 

Nominations 65 

Primary Elections .65 

Post-office Department 55 

President of the United States. 51 
President of the U. S. Senate. . .57 
Representatives in Congress . . .58 

Revenue and Taxation 42 

Revenue, United States 59 

Road Districts 8 

School Districts 9 

School Fund 9 

School -Trustee, making false re- 
port 62 

Senate, United States 57 

Senators 57 

Sources of Revenue 42 

State, A 7 

State Department 53 

State Senate 22 

Subornation of Perjur}^ 61 

Tariff 59 

Treason, Manslaughter, Rob- 
bery 60 

Treasury Department, Duties of 

Officers of 53 

Engraving and Printing, Bu- 
reau of 54 

Mint, Bureau of 54 

Supervising Architect 54 

Trial by Jury 40 

Trustees, School 9 

United States 7 

Composition of 7 

Constitution of 7 

Vice-President United States. 51 

War Department 54 

Adjutant-General 54 

Chief of Ordnance. 54 

Chief Signal Officer 54 

Coast Survey 54 

Commissary-General 54 

Quartermaster-General 54 

Judge-Advocate General ... .54 
Paymaster-General 54 



AMERICAN STANDARl) SCHOOL SERIES. 



READERS AND SPELLERS. 



By NOBLE BUTLER, A. M., LL. D. 



Butler's First Book in Spelling and Reading. 72 pages. 
139 Illustrations. 

The First Book is so arranged that it may be used for teaching by the com- 
mon alphabet method, by the phonetic method, or by the word method. It is intro- 
ductory to Butler's New School Readers, and is beautifully illustrated. 

Butler's American Spelling Book. 160 pages. Illus- 
trated. 

Principles.— O'i^'E New Thing at a Time. Pronunciation made Easy by 
Careful Grouping. Illustrative Dictation Lessons. 

Butler's New First School Reader. 96 pages. 

Butler's New Second School Reader. 168 pages. 

Butler's New Third School Reader. 240 pages. 

Butler's New Fourth School Reader. 252 pages. 

Butler's New Fifth School Reader. 360 pages. 

PUBLISHED BY 

JOHN P. MORTON & COMPANY, 

440 to 446 West Main Street, 



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